April 06, 2026|Press
By Matt Daneman
“Cox will likely discourage lawsuits against ISPs for the actions of their subscribers, unless the providers are directing or encouraging users to pirate content, Philip Nulud at Buchalter told us. The SCOTUS decision seems to indicate that as long as ISPs aren’t encouraging people to infringe or are providing some application designed for piracy, they’re largely immune to contributory liability copyright claims, he said. With the 4th U.S. Circuit Court of Appeals previously finding that Cox wasn’t vicariously liable for piracy by its internet subscribers, Nulud added, there might not be a route to go after ISPs for what users are doing with their internet service.”
“Buchalter’s Nulud told us generative AI companies that are being sued by copyright plaintiffs will likely cite the Cox case and argue that their software isn’t inherently made to infringe or induce infringement. But the fact that there aren’t yet good legal guardrails around AI means it could still be an area ripe for litigation, he said.”
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