There recently has been a debate over the economic costs and benefits behind graduated response systems aimed at reducing online file sharing. Professor Geist, for example, recently posted a blog estimating the costs of a graduated response system. I believe the topic of the costs and benefits of graduated response mechanisms is an important one. Let us take a closer look at this topic and the assertion that graduated response cannot be justified because of its costs.
Archive for the ‘ISP Liability’ category
The costs and benefits of graduated response in copyright enforcement
February 1st, 2010Graduated response and copyright: an idea that is right for the times
January 20th, 2010This is a copy of an article published in The Lawyers Weekly (January 2010) by Barry Sookman and Dan Glover.
In mid-2009, the Canadian government launched a nationwide consultation meant to canvass what amendments to the Copyright Act are necessary to support Canada’s participation in the global, digital economy, and to foster innovation, creativity, competition and investment.
There is no doubt that our copyright laws need amending. Amendments are required on a number of fronts. New exceptions are required to meet legitimate user expectations to access and use copyright content without infringement. Amendments are also needed to reduce online piracy and to support making licensed services available to the public.
The Italian Pirate Bay Case: What did the court order and why?
January 19th, 2010On December 23, 2009, the Italian Supreme Court released its ruling in a case involving criminal charges against the operators of the Swedish website, Pirate Bay. The case raised a number of interesting issues including whether, under Italian criminal law, the operation of a BiTtorrent site is illegal when the operators get a financial return such as by showing advertising on the site; the seizure of a p2p file sharing website is possible; a court can grant injunctive relief requiring ISPs to block access to a site that facilitates infringement; and the criminal law extends to online digital piracy that in part takes place abroad. In line with evolving precedents, the Italian Supreme court answered all of these questions in the affirmative.
Posted in Copyright, ISP Liability, Piracy
ITIF Report: Strategies for Reducing Digital Piracy
January 1st, 2010Earlier this month, The Information Technology & Innovation Foundation (ITIF) published a paper called Steal These Policies: Strategies for Reducing Digital Piracy. The aim of the paper is to advance a policy in which illegal sources of digital content is reduced while legal content becomes more accessible. The executive summary provides the following overview of the problem as follows:
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Posted in Copyright, Graduated Response, ISP Liability, Piracy, TPMs, Three Strikes
Tags: barry sookman Copyright digital locks drm Graduated Response Piracy Three Strikes tpms
Fung and Isohunt found liable for inducing worldwide copyright infringement
December 25th, 2009Earlier this week, a US district court granted summary judgement to MPAA members holding that Gary Fung and four websites operated by him, including Isohunt one of Canada’s largest bittorrent sites, contribute to massive worldwide copyright infringement.
Operators of bittorrent sites like isoHunt often claim they are nothing but content neutral search engines like Google. The Isohunt court disagreed holding, based on uncontested expert evidence, that approximately 95 percent of all files made accessible through Isohunt were infringing or highly likely to be infringing.
Bill c-61 A presentation for ITAC
February 23rd, 2009Entertainment Industries Summit
October 22nd, 2008Posted in Copyright, ISP Liability, Presentations, TPMs
Tags: barry sookman Copyright copyright reform digital locks ISP Liability tpms
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