In a unanimous March 2026 judgment, the Supreme Court reversed the $1 billion verdict against Cox Communications, holding that knowledge alone cannot make an internet provider a contributory infringer — reshaping how the DMCA's § 512 safe harbor matters.
The Ninth Circuit held that a copyright owner must consider fair use in good faith before sending a DMCA takedown notice — and that failing to do so can expose the sender to liability for misrepresentation under § 512(f).
The Ninth Circuit held that Veoh's automated transcoding and playback functions fell within 'storage at the direction of a user,' and that general knowledge of infringement on a video platform does not defeat the DMCA safe harbor.
The Second Circuit held that both actual and 'red flag' knowledge under the DMCA must point to specific, identifiable infringements — but revived Viacom's case by reading willful blindness and 'right and ability to control' back into the statute.
