Document Type
Article
Abstract
This paper argues that, as a result of the courts limiting copyright holders from pursuing alleged individual infringers, that rights holders will once again target intermediaries, specifically ISPs, under a theory of secondary liability. Further, this paper comments on the renewed possibility of copyright holders successfully holding ISPs liable for secondary infringement, as copyright holders have been unable to do in the past. Part I lays out the main issues that copyright holders face in pursuing alleged individual online infringers and in pursuing the intermediaries that facilitate the alleged online infringement. Part II discusses a series of cases that weakened copyright holders’ ability to litigate against alleged individual infringers. Part III of this paper examines how copyright holders reacted to their newly weakened ability to hold individual infringers responsible—namely, by setting their sights on ISPs once again. Part IV of this paper presents my thoughts concerning copyright holders’ renewed attempts to hold ISPs secondarily liable for the alleged infringements of their subscribers. The paper ends with a brief conclusion.
Recommended Citation
Michael E. Benson,
Losing the Battle Against Individual Infringers, Copyright Holders Set Their Sights on Internet Service Providers Once Again,
1
Notre Dame J. on Emerging Tech.
444
(2020).