The relative anonymity of individual subscribers forces copyright owners to increasingly seek to hold Internet Service Providers ('ISP') liable for the misconduct of their subscribers. ISP vicarious liability, however, also has limitations and disadvantages. There is no consensus about the scope...

For over a decade, copyright infringement using peer-to-peer (“P2P”) file sharing has plagued the content industries. Response came in the form of massive lawsuits against file sharers and the use of technologies including digital rights management and technical protection measures. However,...

This Article proposes the joint use of digital fingerprinting and digital watermarking to solve the long-standing P2P infringement issue, while the graduated response system is becoming popular. The war on P2P is essentially about the control over content rather than revenue. The graduated...