5:30 am on December 2, 2025 · intermediary liability (7), scotus (3)

RECORDING – SCOTUS Cox v Sony Oral Arguments

ISOC LIVE

ISOC LIVE AUDIO | RECAP |  ARCHIVE | PERMALINK

On December 1, 2025, the U.S. Supreme Court heard Cox Communications v. Sony Music Entertainment, a case testing whether Internet service providers can be held liable for copyright infringement by their users when the ISP continues providing service after receiving repeated infringement notices.

Cox and the U.S. government argued that secondary copyright liability requires intentional facilitation or inducement, not mere knowledge. They warned that a knowledge-based standard would force ISPs to cut off Internet access to entire buildings, campuses, and communities, undermining speech and commerce. Sony argued that Cox knowingly continued to serve habitual infringers and, under common law, intent can be inferred when infringement is substantially certain to continue.

The Justices focused on the divide between knowledge and purpose, the role of the DMCA safe harbor, and the real-world impact on shared networks. The decision could significantly reshape the balance between copyright enforcement and universal Internet access.

#CoxvSony #SCOTUS #IntermediaryLiability @CoxCommunications @SonyMusic

2:37 am on July 16, 2024 · eff (15), scotus (3), usa (16)

SIMULCAST JUL 18 – EFFecting Change: The U.S. Supreme Court Takes on the Internet

ISOC LIVE

ISOC LIVEOn Thursday July 18 2024 at 10:00-10:45 PDT (17:00-17:45 UTC) the Electronic Frontier Foundation (EFF) casts ‘The U.S. Supreme Court Takes on the Internet‘ in the first of three segments in the EFFecting Change Livestream Series. Experts will dive into the impact of the U.S. Supreme Court’s recent opinions on technology and civil liberties.

SPEAKERS
David Greene, Civil Liberties Director, EFF
Mike Masnick, founder, Techdirt
Daphne Keller, Stanford Center for Internet and Society

MODERATOR
Sophia Cope, Senior Staff Attorney, EFF

 

LIVESTREAM https://livestream.com/internetsociety/eff-scotus

RSVP / EFF YOUTUBE http://eff.org/livestream-scotus (captions)

REAL TIME TEXT https://bit.ly/3zQaBs4

TWITTER #eff #scotus @mmasnick @techdirt @daphnehk @StanfordCIS @davidgreene @eff

MASTODON #eff  #scotus @[email protected] @[email protected]  @[email protected] @[email protected]

SIMULCASTS
https://twitter.com/ISOC_Live
https://www.twitch.tv/isoclive
https://www.facebook.com/liveisoc/

ARCHIVE
https://archive.org/details/eff-scotus

ADD TO CALENDAR
https://calndr.link/event/fRB9bz2vgG

12:47 pm on June 28, 2010 · bilski (4), law (47), patent (10), scotus (3)

Supreme Court on Bilski – no but whatever..

The Supreme Court opinion in re:Bilski is in.  With typical ambivalence it upheld the federal court’s decision while rejecting it’s reasoning, replacing the machine-or-transformation test with essentially no test at all. The Court rejected the patent just because it was an “abstract idea”. From the syllabus:

The machine-or-transformation test is not the sole test for patent eligibility under §101. Although that test may be a useful and important clue or investigative tool, it is not the sole test for deciding whether an invention is a patent-eligible “process” under §101. In holding to the contrary, the Federal Circuit violated two principles of statutory interpretation: Courts “‘should not read into the patent laws limitations and conditions which the legislature has not expressed,’” Diamond v. Diehr, 450 U. S. 175, 182, and, “[u]nless otherwise defined, ‘words will be interpreted as taking their ordinary, contemporary, common meaning,’” ibid. The Court is unaware of any ordinary, contemporary, common meaning of “process” that would require it to be tied to a machine or the transformation of an article.
. . .
Because petitioners’ patent application can be rejected under the Court’s precedents on the unpatentability of abstract ideas, the Court need not define further what constitutes a patentable “process,” beyond pointing to the definition of that term provided in §100(b) and looking to the guideposts in Benson, Flook, and Diehr. Nothing in today’s opinion should be read as endorsing the Federal Circuit’s past interpretations of §101.

So this would seem to leave the whole question of software patents as wide open as ever.

Opinion is at http://www.supremecourt.gov/opinions/09pdf/08-964.pdf