Elon Musk’s X Seeks Dismissal in Music Copyright Case After Cox Ruling

The US Supreme Court’s recent ruling in the Cox Communications copyright case could reshape the ongoing copyright battle between Elon Musk’s X and major music publishers – with X pushing to have the case dismissed entirely.

A brief reminder:

• In 2023, Sony Music Publishing, Universal Music Publishing Group and Warner Chappell Music, alongside independents such as Kobalt, BMG, Concord and Reservoir, sued X (then called Twitter).

• The publishers alleged copyright infringement of around 1,700 works, for which they were seeking more than $250 million in damages.

• Unlike rivals such as YouTube, Meta, TikTok and Snapchat, X has no broad licensing deals with music rightsholders.

• After settlement talks showed progress, in January X launched an antitrust countersuit, accusing the publishers of collusion and pressure tactics.

Landmark ruling:

• On March 25, the US Supreme Court ruled unanimously in the Cox Communications, Inc. vs Sony Music Entertainment case that internet service providers can’t be held liable for copyright infringement by their users.

• Platforms can only be held responsible if they actively encourage infringement or build services specifically for it.

• The ruling makes it harder to hold platforms such as X liable for user-uploaded piracy.

Motion to dismiss:

• X’s lawyers say the Cox ruling invalidates the core claims against the platform.

• The company is planning to file a motion for judgment on the pleadings and has requested a status conference with the court to move the case forward.

Pushback:

• The music publishers insist the ruling does not kill their case, and that existing evidence still supports claims X failed to act promptly to remove infringing content and ignored repeat offenders.

What’s next:

• The trial was set for 2027, but the timeline is now unclear.

• The court must decide whether the Supreme Court ruling derails the case – or changes very little.