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Cox Communications, Inc. v. Sony Music Entertainment

Docket No.24-171
Op. Below4th Cir.
ArgumentDec 1, 2025

Holding

Internet service provider Cox Communications neither induced its users’ infringement of copyrighted works nor provided a service tailored to infringement, and accordingly Cox is not contributorily liable for the infringement of Sony’s copyrights.

Judgment

Reversed and remanded, 9-0, in an opinion by Clarence Thomas on Mar 25, 2026. Justice Sotomayor wrote an opinion concurring in the judgment, joined by Justice Jackson.

Proceedings & orders timeline

May 28, 2024
Application (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.
Jun 3, 2024
Application (23A1066) granted by The Chief Justice extending the time to file until August 16, 2024.
Aug 15, 2024
Petition for a writ of certiorari filed. (Response due September 16, 2024)
Aug 30, 2024
Motion to extend the time to file a response from September 16, 2024 to October 16, 2024, submitted to The Clerk.
Sep 3, 2024
Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2024.
Sep 12, 2024
Brief amicus curiae of Alfred C. Yen filed.
Sep 16, 2024
Brief amici curiae of Altice USA, Inc., et al. filed.
Oct 16, 2024
Brief of respondents Sony Music Entertainment, et al. in opposition filed.
Nov 4, 2024
Reply of petitioners Cox Communications, Inc., et al. filed. (Distributed)
Nov 6, 2024
DISTRIBUTED for Conference of 11/22/2024.
Nov 25, 2024
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 27, 2025
Brief amicus curiae of United States filed. VIDED.
Jun 10, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 10, 2025
Supplemental brief of respondents Sony Music Entertainment, et al. filed. VIDED. (Distributed)
Jun 30, 2025
Petition GRANTED.
Jul 17, 2025
Motion for an extension of time to file the briefs on the merits filed.
Jul 17, 2025
Motion 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.
Jul 18, 2025
Request to defer preparation of the joint appendix filed.
Aug 11, 2025
The 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.
Aug 29, 2025
Brief of petitioners Cox Communications, Inc., et al. filed.
Aug 29, 2025
Brief of petitioners (reprinted), per filing of joint appendix, filed (Oct. 29, 2025). (Distributed)
Sep 4, 2025
Brief amicus curiae of Professor Charles Duan in support of neither party filed.
Sep 5, 2025
Brief amicus curiae of United States filed.
Sep 5, 2025
Brief amicus curiae of Grande Communications Networks, LLC filed.
Sep 5, 2025
Brief amicus curiae of Computer & Communications Industry Association filed.
Sep 5, 2025
Brief amicus curiae of X Corp. filed.
Sep 5, 2025
Brief amici curiae of Common Sense Copyright Coalition, et al. filed.
Sep 5, 2025
Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Sep 5, 2025
Brief amici curiae of Professor Christopher Cotropia, et al. filed.
Sep 5, 2025
Brief amici curiae of American Civil Liberties Union, et al. filed.
Sep 5, 2025
Brief amici curiae of Joshua Moon, et al. filed.
Sep 5, 2025
Brief amicus curiae of Floor64, Inc., d/b/a The Copia Institute filed.
Sep 5, 2025
Brief amici curiae of Intellectual Property Law Scholars in support of petitioners filed.
Sep 5, 2025
Brief amici curiae of Engine Advocacy, et al. filed.
Sep 5, 2025
Brief amici curiae of Altice USA, Inc., et al. filed.
Sep 5, 2025
Amicus brief of American Intellectual Property Law Association not accepted for filing. (To be corrected - September 9, 2025)
Sep 5, 2025
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. (Corrected)
Sep 5, 2025
Brief amici curiae of Google LLC, et al. filed.
Sep 5, 2025
Brief amicus curiae of Internet Society filed.
Sep 5, 2025
Brief amicus curiae of Public Knowledge filed.
Sep 18, 2025
Notice 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)
Sep 22, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 15, 2025
Brief of respondents Sony Music Entertainment, et al. filed.
Oct 15, 2025
Brief of respondents (reprinted), per filing of joint appendix, filed (Nov. 3, 2025). (Distributed)
Oct 17, 2025
SET FOR ARGUMENT on Monday, December 1, 2025.
Oct 21, 2025
Record requested from the United States Court of Appeals for the Fourth Circuit.
Oct 21, 2025
Sealed 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.
Oct 22, 2025
CIRCULATED
Oct 22, 2025
Brief amici curiae of Former Members of Congress, et al. filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
Oct 22, 2025
Brief amici curiae of SoundExchange, Inc., et al. filed. (Distributed)
Oct 22, 2025
Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of Professor Bruce E. Boyden filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of The Copyright Alliance filed. (Distributed)
Oct 22, 2025
Brief amici curiae of Association of American Publishers, Inc., et al. filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of Intellectual Property Law Scholars in support of respondents filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of National Center on Sexual Exploitation filed. (Distributed)
Oct 22, 2025
Brief amici curiae of National Music Publishers’ Association, et al. filed. (Distributed)
Oct 22, 2025
Brief amicus curiae of Association of Amicus Counsel filed. (Distributed)
Oct 29, 2025
Deferred joint appendix Volume 1 and 2 filed. (Distributed)
Nov 4, 2025
Sealed 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.
Nov 7, 2025
Reply of petitioners Cox Communications, Inc., et al. filed. (Distributed)
Nov 10, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 1, 2025
Argued. For petitioners: E. Joshua Rosenkranz, New York, N. Y.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul D. Clement, Alexandria, Va.
Mar 25, 2026
Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Jackson, J., joined.

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