After reviewing the standards of secondary liability for copyright and trademark infringement in the online context …, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe …

caselaw was in fact gradually advancing toward a European harmonization of the law on derivative liability (i.e., liability in … liability across the national laws of the member states, and the growing economic importance of furnishing the means to access …). Next, the analysis will show that the harmonized law of derivative liability can be considered the flip side of the law of …

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 of such liability, and ISPs are not in a good position to deter copyright … infringement effectively in all contexts. Additionally, because ISP vicarious liability increases the price of Internet access, it …

landmark of indirect copyright liability. While copyright holders cried doom for the advent of a new communications technology … did not preclude the possibility of indirect copyright liability; on the other hand, by analogizing the “staple article of … commerce” theory in the Patent Act, it denied imposing indirect copyright liability on providers of copying technologies that …

criminal liability for IPR infringements and the relevant future possibilities Anti-Counterfeiting Trade Agreement (ACTA) is …