Justices Sotomayor and Jackson concurred but flagged concerns that the ruling may reduce ISP incentives to combat infringement. The Court clarified that the Digital Millennium Copyright Act's safe harbor provides defenses without implying baseline liability exists. The specific contours of what constitutes "active inducement" or a service "tailored to infringement" remain to be tested in future litigation.
The decision substantially narrows copyright owners' ability to pursue secondary liability claims against ISPs, cloud providers, AI tools, and web hosting services that have substantial noninfringing uses. Attorneys representing content owners should expect a shift toward direct infringer suits and aiding-and-abetting theories, which require different proof. ISPs and technology platforms now have clearer—and broader—protection from secondary liability exposure, though the inducement standard will likely generate new disputes as it develops through lower court application.