[pp.int.general] Implications for Internet users of laws concerning online intermediaries' liability for copyright infringement

[Daniel Riaño]

Lecturer at Yale Law School Margot E. Kaminski just published an article
about the "standard of liability for copyright
infringement by online intermediaries" which is far more concerned with
user's rights than the actual legislation from countries like Spain, France
or the USA. The decalogue is this:

1. Be clear that provision of the safe harbors does not, in itself,
establish intermediary liability;
2. Be clear about not establishing a duty to monitor user activity;
3. Be careful in the expansiveness of definition of infringement;
4. Be extremely cautious in implementing statutory damages;
5. Avoid establishing criminal liability for third parties;
6. Do not require intermediaries to terminate user internet accounts in
response to copyright infringement claims, in the absence of court
oversight;
7. Be sure to establish due process for users;
8. Give users the procedural ability to protest/sanction bad behaviour;
9. Leave flexibility for countries to experiment with broader user
protections; and
10. Include limitations and exceptions to the liability rules, such as fair
use.

The full article "Positive Proposals for Treatment of Online
Intermediaries" here <
http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1029&context=research
>
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