Shooting the Messenger: ISP Liability for Contributory Copyright Infringement
David Ludwig Recent trends in judicial enforcement of contributory copyright infringement claims against ISPs and judicial interpretation of the DMCA safe harbor provisions undermine the balance sought by Congress in the DMCA by imposing excessive liability upon ISPs. The danger of this trend is that such enforcement will have a significant chilling effect on ISP investment in the internet, which fosters both the growth of e-commerce and the ability of a larger segment of the population to participate in the internet community– both of which ultimately benefit the holders of intellectual property rights. Shielding ISPs from liability for contributory copyright...