> The Fourth Circuit’s holding went beyond the two forms of liability recognized in Grokster and Sony by holding that “supplying a product with knowledge that the recipient will use it to infringe copyrights is . . . sufficient for contributory infringement.” 93 F. 4th 222, 236. This holding went beyond the two bases for contributory liability recognized in the Court’s precedent and conflicted with the Court’s repeated admonition that contributory liability cannot rest only on a provider’s knowledge of infringement and insufficient action to prevent it. Pp. 9–10.

> (c) Sony argues that the Digital Millennium Copyright Act safe harbor—under which Internet service providers cannot be secondarily liable for certain forms of copyright infringement if they have implemented “a policy that provides for the termination in appropriate circumstances of subscribers and account holders” who “are repeated infringers,” 17 U. S. C. §512(i)(1)(A)—would have no effect if Internet service providers are not liable for providing Internet service to known infringers. The DMCA does not expressly impose liability for Internet service providers who serve known infringers; it merely creates new defenses from liability for such providers. The DMCA itself made clear that failure to comply with the safe-harbor rules “shall not bear adversely upon . . . a defense by the service provider,” as here, “that the service provider’s conduct is not infringing.” §512(l). P. 10.