<\/p>\n
Several music companies sued Cox Communications, arguing that the ISP should be held liable for copyright infringement committed by some of its subscribers. The Court of Appeals for the Fourth Circuit agreed, adopting a \u201cmaterial contribution\u201d standard for contributory copyright liability (a rule for when service providers can be held liable for the actions of users). The lower court said that providing a service that could<\/em> be used for infringement is enough to create liability when a customer infringes.<\/p>\n The Fourth Circuit\u2019s rule threatens devastating consequences for the public. Terminating an ISP account doesn\u2019t just affect a person accused of unauthorized file sharing\u2014it cuts off entire households, schools, libraries, or businesses that share an internet connection.<\/p>\n With more than a third of Americans having only one or no broadband provider, many users would have no way to reconnect once cut off. And given how essential internet access is for education, employment, healthcare, and civic participation, the consequences of termination are severe and disproportionate.<\/p>\n EFF filed an amicus brief asking the Court to reject the Fourth Circuit\u2019s unfounded \u201cmaterial contribution\u201d test, reaffirm that patent law provides the right framework for secondary liability, and make clear that the Constitution requires copyright to serve the public good. The Court should ensure that copyright enforcement doesn\u2019t jeopardize the internet access on which participation in modern life depends.<\/p>\n\n