Law360 Quotes Danielle W. Bulger on Supreme Court’s $1 Billion ISP Liability Case Analyzing Digital IP Risk
Law360
In a Law360 feature published ahead of the US Supreme Court’s oral argument in Cox Communications, Inc. v. Sony Music Entertainment, AI & Emerging Technologies Industry Group Co-Leader Danielle W. Bulger was quoted, discussing how the justices’ approach could reset how courts evaluate secondary copyright liability for internet service providers and other platforms. With a $1 billion verdict on the line, the anticipated decision is expected to influence how companies design and deploy products that enable large-scale online sharing.
Danielle explained that the ruling will likely shape how courts treat general-purpose tools — including those used by AI developers, cloud platforms, and content-sharing services — that have widespread lawful uses but can be misused for infringement. She noted that the Court’s articulation of material contribution and mental state (knowledge versus willfulness) could carry significant implications for product strategy and compliance.
Bulger expected the justices to press both sides on intent and willfulness, central to the Fourth Circuit’s contributory liability analysis. As she observed in advance of the argument, copyright practitioners would be focused on where the Court draws the line between knowledge and culpable participation in contributory liability. A key question previewed was whether continuing to supply a general-purpose service with knowledge of repeat infringement constitutes material contribution, or whether the Supreme Court’s decision in Grokster demands a purposeful, culpable expression in the provider’s conduct.
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