“Game-Changing”: SCOTUS Provides Clear Guidance on ISP Liability

William Milliken, director and co-chair of Sterne Kessler’s appellate practice, spoke to Managing IP on the U.S. Supreme Court’s verdict in Cox Communications v. Sony Music Entertainment that internet service providers (ISPs) are not held liable for copyright infringement committed by their customers.

Milliken stated that the ruling puts ISPs’ anxieties at ease by limiting liability, “The implication for ISPs is that they do not need to worry about putting in place stringent anti-pirating measures to avoid liability.”

Milliken also noted, “I do think it will be very interesting to see how the decision impacts copyright infringement litigation against AI platforms; that is a very live area right now. The Cox decision will absolutely influence such cases, since it’s the Supreme Court’s most recent pronouncement on secondary liability for copyright infringement.”