The Internet has dramatically increased the ease of copyright infringement. A popular proposal recommends that Internet service providers (ISP) be held liable for the harms, including copyright infringements, of their users. ISPs reject this approach, warning that it will hamper the expansion of the Internet. This article recommends a regulatory approach to ISP liability for copyright infringement. A technical introduction to the Internet is given, pointing to difficulties that courts have had navigating this conceptually new and complex subject. Arguments in favor or strict liability of ISPs are presented, with an analysis of their likely economic and social consequences. The author concludes with a regulatory solution designed to minimize losses both to service providers and content providers.
Timothy L. Skelton,
Internet Copyright Infringement and Service Providers: The Case for a Negotiated Rulemaking Alternative,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol35/iss1/7