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Cox Communications, Inc. v. Sony Music Entertainment

Docket No. Op. Below Argument Opinion Vote Author Term
24-171 4th Cir. Dec 1, 2025 TBD TBD TBD OT 2025

Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it; and (2) whether the 4th Circuit erred in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c).

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
05/28/2024Application (23A1066) to extend the time to file a petition for a writ of certiorari from June 17, 2024 to August 16, 2024, submitted to The Chief Justice.
06/03/2024Application (23A1066) granted by The Chief Justice extending the time to file until August 16, 2024.
08/15/2024Petition for a writ of certiorari filed. (Response due September 16, 2024)
08/30/2024Motion to extend the time to file a response from September 16, 2024 to October 16, 2024, submitted to The Clerk.
09/03/2024Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2024.
09/12/2024Brief amicus curiae of Alfred C. Yen filed.
09/16/2024Brief amici curiae of Altice USA, Inc., et al. filed.
10/16/2024Brief of respondents Sony Music Entertainment, et al. in opposition filed.
11/04/2024Reply of petitioners Cox Communications, Inc., et al. filed. (Distributed)
11/06/2024DISTRIBUTED for Conference of 11/22/2024.
11/25/2024The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/27/2025Brief amicus curiae of United States filed. VIDED.
06/10/2025DISTRIBUTED for Conference of 6/26/2025.
06/10/2025Supplemental brief of respondents Sony Music Entertainment, et al. filed. VIDED. (Distributed)
06/30/2025Petition GRANTED.
07/17/2025Motion for an extension of time to file the briefs on the merits filed.
07/17/2025Motion to extend the time to file (the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2025. The time to file respondents' brief on the merits is extended to and including October 15, 2025.
07/18/2025Request to defer preparation of the joint appendix filed.
08/11/2025The Clerk has approved deferral of the preparation of the joint appendix. A joint appendix prepared as required by Rule 33.1 shall be filed on or before October 29, 2025. The parties will provide copies of their opening briefs on the merits that include citations to the pages of the joint appendix on or before November 10, 2025.
08/29/2025Brief of petitioners Cox Communications, Inc., et al. filed.
08/29/2025Brief of petitioners (reprinted), per filing of joint appendix, filed (Oct. 29, 2025). (Distributed)
09/04/2025Brief amicus curiae of Professor Charles Duan in support of neither party filed.
09/05/2025Brief amicus curiae of United States filed.
09/05/2025Brief amicus curiae of Grande Communications Networks, LLC filed.
09/05/2025Brief amicus curiae of Computer & Communications Industry Association filed.
09/05/2025Brief amicus curiae of X Corp. filed.
09/05/2025Brief amici curiae of Common Sense Copyright Coalition, et al. filed.
09/05/2025Brief amici curiae of Electronic Frontier Foundation, et al. filed.
09/05/2025Brief amici curiae of Professor Christopher Cotropia, et al. filed.
09/05/2025Brief amici curiae of American Civil Liberties Union, et al. filed.
09/05/2025Brief amici curiae of Joshua Moon, et al. filed.
09/05/2025Brief amicus curiae of Floor64, Inc., d/b/a The Copia Institute filed.
09/05/2025Brief amici curiae of Intellectual Property Law Scholars in support of petitioners filed.
09/05/2025Brief amici curiae of Engine Advocacy, et al. filed.
09/05/2025Brief amici curiae of Altice USA, Inc., et al. filed.
09/05/2025Amicus brief of American Intellectual Property Law Association not accepted for filing. (To be corrected - September 9, 2025)
09/05/2025Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. (Corrected)
09/05/2025Brief amici curiae of Google LLC, et al. filed.
09/05/2025Brief amicus curiae of Internet Society filed.
09/05/2025Brief amicus curiae of Public Knowledge filed.
09/10/2025Amicus brief of Public Knowledge submitted.
09/18/2025Notice of Errata of American Civil Liberties Union, American Civil Liberties Union of Virginia, and Center for Democracy and Technology not accepted for filing. (September 24, 2025)
09/22/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/15/2025Brief of respondents Sony Music Entertainment, et al. filed.
10/15/2025Brief of respondents (reprinted), per filing of joint appendix, filed (Nov. 3, 2025). (Distributed)
10/17/2025SET FOR ARGUMENT on Monday, December 1, 2025.
10/21/2025Record requested from the United States Court of Appeals for the Fourth Circuit.
10/21/2025Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
10/22/2025CIRCULATED
10/22/2025Brief amici curiae of Former Members of Congress, et al. filed. (Distributed)
10/22/2025Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
10/22/2025Brief amici curiae of SoundExchange, Inc., et al. filed. (Distributed)
10/22/2025Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed)
10/22/2025Brief amicus curiae of Professor Bruce E. Boyden filed. (Distributed)
10/22/2025Brief amicus curiae of The Copyright Alliance filed. (Distributed)
10/22/2025Brief amici curiae of Association of American Publishers, Inc., et al. filed. (Distributed)
10/22/2025Brief amicus curiae of Intellectual Property Law Scholars in support of respondents filed. (Distributed)
10/22/2025Brief amicus curiae of National Center on Sexual Exploitation filed. (Distributed)
10/22/2025Brief amici curiae of National Music Publishers’ Association, et al. filed. (Distributed)
10/22/2025Brief amicus curiae of Association of Amicus Counsel filed. (Distributed)
10/29/2025Deferred joint appendix Volume 1 and 2 filed. (Distributed)
11/04/2025Sealed material received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk. The remainder of the record is electronic and is available on PACER.