San Diego International Law Journal


Ian Carstens

Library of Congress Authority File


Document Type



Current United States practices and regulations regarding what is known as “the Server Test,” the DMCA, and online piracy need to be studied and brought into the realities of the modern world. With new technologies and uses being invented for the internet every day, the U.S. cannot afford to drag its heels any longer or it risks their statutory and case law becoming dangerously underequipped to deal with daily life. This paper proposes that the United States government listen to its own departments, the wishes of its citizens, and the examples being broadcasted internationally to form a new system to evaluate and combat online copyright infringement.

Part II will provide necessary background information on what copyright is, what online copyright infringement is, and why and how individuals engage in online copyright infringement. Part III will discuss existing international agreements on copyright protection and provide brief summaries and relevant facts about the two most significant online copyright protection agreements currently influencing national laws and policies. Part IV will discuss the current practices and shortcomings of the United States’ online copyright protection laws and system. Part IV will include information about the U.S. common law “Server Test”, DMCA take-down notices and Section 512, DMCA and livestreaming, DMCA and NFTs, and U.S. failures in addressing online video piracy. Part V will look at the United Kingdom and the Commonwealth of Australia and their current practices from which the United States can learn. In Part VI, suggestions for moving forward and learning from the U.K. and Australia will be given for consideration. Finally, Part VII will briefly conclude the discussion in its entirety.