What Clarence Thomas’ opinion really means for online piracy
Published on April 1, 2026.
The Supreme Court has ruled that internet service providers (ISPs) can be let off the hook for copyright infringement if they knowingly provide service to a copyright pirate. This decision, supported by Justice Clarence Thomas, effectively shields ISPs from legal consequences even if they know customers are using their services to infringe on copyrighted works. As long as ISPs don't actively encourage people to break the law, these companies are not liable. This could potentially allow ISPs to be willfully blind to flagrant piracy. Legal scholars have cautioned against turning internet providers into de facto copyright cops. The ruling could pose a dilemma for the scope of the Digital Millennium Copyright Act, which allows ISPs to take reasonable measures to block access to repeat infringers.
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