Supreme Court Agrees With EFF: ISPs Don't Have To Be Copyright Enforcers; Electronic Frontier Foundation (EFF), March 26, 2026

 BETTY GEDLU , Electronic Frontier Foundation (EFF); Supreme Court Agrees With EFF: ISPs Don't Have To Be Copyright Enforcers

"In Cox v. Sony, the Court reversed a Fourth Circuit decision that had upheld a billion-dollar verdict against internet provider Cox Communications. Writing for the majority, Justice Thomas explained that contributory liability is limited to two situations: when a defendant actively induces infringement, or when it provides a product or service that it knows is tailored for infringement.

This framework closely tracks the approach EFF urged in our amicus brief. As we explained, courts should look to patent law for guidance in defining the boundaries of secondary copyright liability. Patent law recognizes liability where a defendant actively induces infringement, or distributes a product knowing that it lacks substantial non-infringing uses. The Court’s opinion adopts that same basic structure."