Several music companies sued Cox Communications, arguing that the ISP should be held liable for copyright infringement committed by some of its subscribers. The Court of Appeals for the Fourth Circuit agreed, adopting a “material contribution” standard for contributory copyright liability (a rule for when service providers can be held liable for the actions of users). The lower court said that providing a service that could be used for infringement is enough to create liability when a customer infringes.
The Fourth Circuit’s rule threatens devastating consequences for the public. Terminating an ISP account doesn’t just affect a person accused of unauthorized file sharing—it cuts off entire households, schools, libraries, or businesses that share an internet connection.
- Public libraries, which provide internet access to millions of Americans who lack it at home, could lose essential service.
- Universities, hospitals, and local governments could see internet access for whole communities disrupted.
- Households—especially in low-income and communities of color, which disproportionately share broadband connections with other people—would face collective punishment for the alleged actions of a single user.
With more than a third of Americans having only one or no broadband provider, many users would have no way to reconnect once cut off. And given how essential internet access is for education, employment, healthcare, and civic participation, the consequences of termination are severe and disproportionate.
EFF filed an amicus brief asking the Court to reject the Fourth Circuit’s unfounded “material contribution” test, reaffirm that patent law provides the right framework for secondary liability, and make clear that the Constitution requires copyright to serve the public good. The Court should ensure that copyright enforcement doesn’t jeopardize the internet access on which participation in modern life depends.
The Supreme Court will hold a hearing in the case on December 1. In the meantime, you can read our amicus brief here.
