Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
John F. Blevins
This article examines the role that legal uncertainty plays as a copyright enforcement mechanism against Internet platforms. In recent years, Internet platforms have faced a new wave of copyright enforcement actions arising from their users’ activity. These actions include both civil secondary liability claims and public enforcement actions such as domain name seizures and criminal prosecution. Critically, copyright owners and the government do not necessarily need to prevail in these actions. Instead, the proceedings can be effective so long as they impose sufficient costs upon Internet platforms. In this respect, prevailing is less important than obtaining statutory and doctrinal constructions …