Fighting Renewed Attempts to Make ISPs Copyright Cops: 2025 in Review

You might not know it, given the many headlines focused on new questions about copyright and Generative AI, but the year’s biggest copyright case concerned an old-for-the-internet question: do ISPs have to be copyright cops? After years of litigation, that question is now squarely before the Supreme Court. And if the Supreme Court doesn’t reverse a lower court’s ruling, ISPs could be forced to terminate people’s internet access based on nothing more than mere accusations of copyright infringement. This would threaten innocent users who rely on broadband for essential aspects of daily life. The Stakes: Turning ISPs into Copyright Police This issue turns on what courts call “secondary liability,” which is the legal idea that someone can be held responsible not for what they did directly, but for what someone else did using their product or service. The case began when music companies sued Cox Communications, arguing that the ISP should be held liable for copyright infringement committed