The responsibility of intermediaries: Emerging IP protection schemes, from Content ID, to three-strikes and follow-the-money

Suzor, Nicolas P. (2015) The responsibility of intermediaries: Emerging IP protection schemes, from Content ID, to three-strikes and follow-the-money. In Intellectual Property Facing the 21st Century: Flux in the Force, 22 May 2015, Beijing Foreign Studies University, Beijing. (Unpublished)

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The only effective and scalable way to regulate the actions of people on the internet is through online intermediaries. These are the institutions that facilitate communication: internet service providers, search engines, content hosts, and social networks. Governments, private firms, and civil society organisations are increasingly seeking to influence these intermediaries to take more responsibility to prevent or respond to IP infringements. Around the world, intermediaries are increasingly subject to a variety of obligations to help enforce IP rights, ranging from informal social and governmental pressure, to industry codes and private negotiated agreements, to formal legislative schemes. This paper provides an overview of this emerging shift in regulatory approaches, away from legal liability and towards increased responsibilities for intermediaries. This shift straddles two different potential futures: an optimistic set of more effective, more efficient mechanisms for regulating user behaviour, and a dystopian vision of rule by algorithm and private power, without the legitimising influence of the rule of law.

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ID Code: 85002
Item Type: Conference Item (Presentation)
Refereed: No
Additional URLs:
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > Research Centres > Digital Media Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 The Author
Deposited On: 28 Jun 2015 22:24
Last Modified: 28 Jun 2015 22:24

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