The record companies are seeking judicial confirmation of the responsibility of internet service providers in the face of piracy, but the latter claim significant risks.
The American Supreme Court on Monday looked into the responsibility of Internet Service Providers (ISPs) in the face of online piracy by their customers, a case fraught with challenges both for the entertainment industry and for millions of Internet users.
Sued by a group of record companies, including Sony Music, Cox Communications was found guilty of knowingly allowing its subscribers to illegally download and distribute copyrighted music and ordered to compensate them to the tune of a billion dollars.
The risk of “cutting off entire cities” from the internet
If they incur such astronomical penalties, access providers risk finding themselves forced to deprive thousands of people of connection, Cox’s lawyer, Joshua Rozenkranz, argued before the nine judges of the Court, warning of “cataclysmic consequences”.
“The only way for an ISP to avoid liability is to cut off Internet access, not only to the person accused of hacking, but to anyone who happens to be using the same connection,” he argued.
“This could affect entire cities, universities or hospitals,” he insisted, pointing out the dangers of “transforming access providers into internet police.”
Conversely, the music industry’s lawyer, Paul Clement, criticized the access provider for wanting to “make a dead letter” of the Digital Millennium Copyright Act (DMCA), the American law against the piracy of online works.
Judges divided
Individually prosecuting each person engaging in piracy rather than ISPs is not a “possible” option, he explained, comparing it to “emptying an ocean with a teaspoon.”
Most of the judges appeared to be divided between the concern of not sanctioning an entire network of Internet users for the actions of a few and that of forcing access providers to ensure respect for intellectual property.
“We find ourselves between two extreme positions on this issue,” summarized progressive Sonia Sotomayor. “How do we make a decision that addresses these two extremes?” she asked.
The Court’s decision is expected by the end of its annual session at the end of June.
