Oregon Law Review : Vol. 89, No. 1, p. 081-132 : Graduated Response and the Turn to Private Ordering in Online Copyright Enforcement
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Date
2010
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon Law School
Abstract
This Article seeks to explain why voluntary graduated response, as
publicly controversial as it is, is squarely on the table as corporate
rights owners and broadband providers discuss their respective roles
in the future of online copyright enforcement. It situates the
rapprochement now taking place between the two groups within the
context of copyright law’s special rules of liability for intermediaries
that act as “mere conduits” for their customers’ communications.
These rules, which have historically insulated ISPs from liability for
the infringing transmissions of their customers, are becoming less
clearly applicable as broadband providers deploy “intelligent” routers
within their networks, giving them the ability to inspect, sort, and
filter the traffic they carry. As broadband business models evolve
away from the traditional model of passive carriage, ISPs risk
sacrificing the special protections that have developed over time to
shield neutral intermediaries from liability for copyright infringement.
This potential exposure gives ISPs a compelling incentive to explore
private partnerships with rights owners that would once have been
politically unthinkable.
Description
52 p.
Keywords
Copyright
Citation
89 Or. L. Rev. 81 (2010)