March 21, 2017
Internet law and policy discussions worldwide are converging on the idea that the private sector has a shared responsibility to help safeguard free expression online. This article advances those discussions and makes a significant contribution to the related literature by synthesizing Internet governance concepts with those of content management and with normative theories regarding the social value of freedom of expression—all
Jonathan Peters & Brett Johnson, Conceptualizing Private Governance in a Networked Society, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Peters-and-Johnson_Final2.pdf.
Digital piracy is a worldwide concern. Both very high and very low rates of intellectual property infringement threaten innovation, thus implying that some level of effective copyright regulation is required to incentivize the creation of original works. However, although Article 27 of the Universal Declaration of Human Rights advocates for social access to culture as well as the protection of copyright,
Antoni Terra, Copyright Law and Digital Piracy: An Econometric Global Cross-national Study, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Terra_Final.pdf.
This article provides and analyzes data based on a study conducted by the author (the “Study”) on copyright infringement cases filed in U.S. federal district courts in 2013. It focuses on infringement cases involving activity on the Internet and discusses actual and potential conflict-of-laws issues that the cases raised or could have raised. The article complements the report entitled Private International
Marketa Trimble, Undetected Conflict-of-laws Problems in Cross-Border Online Copyright Infringement Cases, 18 N.C.J.L. & Tech. 1 (2016), available at http://ncjolt.org/wp-content/uploads/2016/10/Trimble_Final.pdf.
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