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...

Recent cases have reignited debate on vicarious liability for gatekeepers providing essential services such as electronic payment processing services. Generally speaking, gatekeeper liability is undesirable when a gatekeeper lacks the right and ability to control infringement. A monopolistic...

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,...