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The legitimacy of graduated response schemes in copyright law

By Nicolas P. Suzor and Brian F. Fitzgerald


In an attempt to curb online copyright infringement, copyright owners are increasingly seeking to enlist the assistance of Internet Service Providers (‘ISPs’) to enforce copyright and impose sanctions on their users.1 Commonly termed ‘graduated response’ schemes, these measures generally require that the ISP take some action against users suspected of infringing copyright, ranging from issuing warnings, to collating allegations made against subscribers and reporting to copyright owners, to suspension and eventual termination of service

Topics: 180108 Constitutional Law, 180115 Intellectual Property Law, copyright, graduated response, judicial power, three-strikes, rule of law
Publisher: Faculty of Law, University of New South Wales
Year: 2011
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