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Privacy v IP Litigation : preliminary third party discovery on the Internet

Suzor, Nicolas P. (2004) Privacy v IP Litigation : preliminary third party discovery on the Internet. Australian Bar Review, 25, p. 227.

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Abstract

The enforcement of Intellectual Property rights poses one of the greatest current threats to the privacy of individuals online. Recent trends have shown that the balance between privacy and intellectual property enforcement has been shifted in favour of intellectual property owners. This article discusses the ways in which the scope of preliminary discovery and Anton Piller orders have been overly expanded in actions where large amounts of electronic information is available, especially against online intermediaries (service providers and content hosts). The victim in these cases is usually the end user whose privacy has been infringed without a right of reply and sometimes without notice.

This article proposes some ways in which the delicate balance can be restored, and considers some safeguards for user privacy. These safeguards include restructuring the threshold tests for discovery, limiting the scope of information disclosed, distinguishing identity discovery from information discovery, and distinguishing information preservation from preliminary discovery.

Impact and interest:

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ID Code: 41662
Item Type: Journal Article
Keywords: Intellectual Property rights, privacy of individuals, Anton Piller orders, service providers, content hosts
ISSN: 0814-8589
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2004 LexisNexis
Deposited On: 13 May 2011 07:58
Last Modified: 13 May 2011 07:59

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