NTCA, CTIA, & USTelecom Tell Fourth Circuit To Overturn Decision Finding Cox Communications Liable For Subscribers’ Copyright Infringement

June 1, 2021 – NTCA – The Rural Broadband Association, CTIA – The Wireless Association, and USTelecom – The Broadband Association have jointly filed an amicus curiae brief in Sony v. Cox urging the U.S. Court of Appeals for the Fourth Circuit to overturn the District Court’s judgment in favor of Sony.

In July 2018, a group of recording companies sued Cox Communications for contributory and vicarious copyright infringement based on Cox’s failure to prevent its broadband subscribers from illegally downloading copyrighted material. Cox was ultimately found to have vicariously and contributorily infringed 10,017 works, and ordered to pay $1 billion in damages. Cox appealed to the Fourth Circuit.

In their amicus brief, NTCA, CTIA, and USTelecom claim the District Court incorrectly found Cox had knowledge of infringement by its broadband subscribers. The broadband associations argue that the DMCA notices sent by Sony to Cox, which contained limited information, did not give Cox specific knowledge of copyright infringement that could be acted upon. They further argue that the District Court’s ruling is inconsistent with established precedent and could lead ISPs to terminate broadband service to subscribers based on unproven and unverifiable allegations of past copyright infringement.

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