Supreme Court IP Review
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SCIPR is a conference designed to provide intellectual property practitioners, jurists, legal academics, and law students with a review of IP cases from the U.S. Supreme Court. Every year, SCIPR invites prominent lawyers and academics to discuss cases from the previous term.
The 2025 Supreme Court IP Review will take place on Friday, November 14. During SCIPR 2025 we will preview a significant case currently in front of the Supreme Court: Cox Communications v. Sony Music Entertainment. This case has the potential to reshape and redefine Internet Service Providers (ISP) liability and the experience of every internet user in the United States.
You may self-apply for CLE credit in a state of your choice; however, please note that approval is not guaranteed.
Cox Communications v. Sony Music Entertainment places two critical copyright questions before the Supreme Court. The first is whether an internet service provider (ISP) may be held liable for contributory infringement when it fails to terminate internet service of repeat infringers, even absent evidence that the ISP actively encouraged or promoted unlawful conduct. The second concerns the standard for “willfulness” in awarding enhanced statutory damages: is an ISP’s knowledge of subscriber infringement enough to establish willful behavior? The Fourth Circuit upheld a $1 billion jury verdict against Cox, finding liability under a theory of material contribution and affirming enhanced damages. By granting certiorari, the Court has signaled its willingness to revisit the scope of secondary liability and the evidentiary threshold for willfulness.
The decision could reshape the obligations of service providers in monitoring user behavior online, with implications for both copyright enforcement and internet access. A ruling that broadens liability may incentivize stricter policing of subscribers, but it also risks chilling lawful uses and burdening access to digital networks. The Court’s interpretation of willfulness will likewise influence not only liability but also the scale of damages in future copyright disputes.
More information is available on the event website.