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Downstream Copyright Infringers, Yvette Joy Liebesman
Downstream Copyright Infringers, Yvette Joy Liebesman
All Faculty Scholarship
The advent of on-line music sales has been a boon to the recording industry as well as for musicians and the general public. Previously unknown artists have found new avenues to showcase their work, and consumers have easy access to an enormous variety of musical genres.
Yet an unintended consequence of the ability to sell songs through internet downloads is a novel, and until now, unnoticed way to infringe on copyrights - which, unless remedied, could lead to new classes of defendants never contemplated or desired to be ensnared in the Copyright Act’s protections for artists, musicians and authors. Unlike …
The In Rem Forfeiture Of Copyright-Infringing Domain Names, Andrew Sellars
The In Rem Forfeiture Of Copyright-Infringing Domain Names, Andrew Sellars
Faculty Scholarship
In the summer of 2010, the Immigration and Customs Enforcement Division of the Department of Homeland Security began "Operation In Our Sites," an enforcement sweep targeted towards websites allegedly dealing in counterfeit goods and copyright-infringing files. The operation targeted the websites by proceeding in rem against their respective domain names. For websites targeted for copyright infringement, ICE Agents used recently-expanded copyright forfeiture remedies passed under the 2008 PRO-IP Act, providing no adversarial hearing prior to the websites being removed, and only a probable cause standard of proof.
This Paper examines three specific harms resulting from Operation In Our Sites, and …