Who Should Pay For Music and Movie Piracy?

by

The Supreme Court will review a significant case questioning the long-standing rule that internet service providers are responsible for copyright infringements committed by their customers.

For decades, music labels and content producers have fought against piracy by taking legal action against those responsible for the internet who allegedly ignore the illegal downloading of content by their users.

In 2019, a Virginia court ordered labels like Sony Music Entertainment, Warner Music Group, and Universal Music Group a total of $1 billion in a lawsuit against Cox Communications. However, this decision was later reversed by an appeals court on federal level. The court maintained that internet service providers are responsible for not terminating accounts with a history of copyright infringement, but it also criticized the excessive amount of damages given during the trial.

As a passionate advocate, I’m discussing the question of who should shoulder the responsibility for online piracy. From the perspective of rightsholders, internet service providers (ISPs) are accountable if they become aware of at least two instances of copyright infringement in the future. They argue that by not taking action to disconnect a home or business from the web, they are essentially enabling illegal file-sharing activities.

The argument, widely supported by courts and juries, has led to numerous lawsuits against companies such as Verizon Wireless, AT&T, Comcast, and others, accused of aiding in the widespread piracy of their films. If these companies decline to settle, as some did in a 2022 lawsuit filed by the production companies behind Dallas Buyers Club, I Feel Pretty, and Colossal, significant penalties may be imposed. Three years ago, a Texas jury awarded Universal Music Group and other record labels over $46.7 million in a lawsuit against Astound Broadband, requiring them to pay approximately $33,000 for each infringed song. In 2024, a group of labels took Verizon to court seeking an estimated $2.6 billion in damages.

Internet service providers counter that courts have implemented a harsh legal system which essentially compels them to cut off service for numerous legitimate users, if only because of illegal activities by anonymous users. In the lawsuit brought forth by record labels, Cox Communications was held responsible for copyright infringement committed by unidentified users on approximately 57,000 of their internet connections, as these connections were flagged for allegedly downloading pirated songs using automated notices sent by the music companies.

In order for Cox not to be held responsible, it had to cut off access to approximately 57,000 internet connections, which would mean disconnecting entire households, businesses like coffee shops and hospitals, universities, and even regional internet service providers. This would sever the digital lifeline for tens of thousands of homes and establishments, simply because someone, who remains unidentified, was once suspected of using those connections for copyright infringement.

1988 saw the passing of the Digital Millennium Copyright Act, which makes illegal any services designed to bypass systems that regulate access to copyrighted materials. This law offers protection from legal action for service providers, but only if they have established and enforced policies for terminating accounts of repeat offenders. Critics argue that this doesn’t provide a complete shield, as it only protects companies who have such policies in place. Content creators claim that internet service providers aren’t doing enough to combat copyright infringement. For instance, Comcast claims they will disconnect repeat offenders, but they count the number of violations received within a single month rather than the total number of violations.

In the most unfavorable situation, music publishers could face a decision where service providers aren’t held responsible for providing a service when they know it will be used to violate copyrights. This kind of judgment would severely weaken one of the main strategies that entertainment and media industries use to combat piracy.

Todd Smith, a representative from Cox Communications, expressed satisfaction with the U.S. Supreme Court’s decision to tackle substantial copyright matters. These issues could potentially endanger internet access for all citizens in the U.S. and alter how internet service providers manage their networks. This recent move aligns with our aim to safeguard consumers, maintain an open internet, and guarantee that broadband remains a dependable resource for our served communities.

Read More

2025-06-30 22:25