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Dixon, Allen N. --- "Liability of users and third parties for copyright infringements on the Internet: overview of international developments" [2009] ELECD 329; in Strowel, Alain (ed), "Peer-to-Peer File Sharing and Secondary Liability in Copyright Law" (Edward Elgar Publishing, 2009)

Book Title: Peer-to-Peer File Sharing and Secondary Liability in Copyright Law

Editor(s): Strowel, Alain

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847205629

Section: Chapter 1

Section Title: Liability of users and third parties for copyright infringements on the Internet: overview of international developments

Author(s): Dixon, Allen N.

Number of pages: 31

Extract:

1. Liability of users and third parties for
copyright infringements on the
Internet: overview of international
developments
Allen N. Dixon*

OVERVIEW
Civil and criminal law have never limited liability only to the person who
personally commits a tort or criminal offence. In every country, a range of
different rules extend such liability in some cases to others who encourage,
assist or benefit from another person's tort or crime.
Copyright is no different. From music hall and boot sale operators, to copy
shops, to various service and product providers on the Internet, those who are
linked to the direct copyright infringements of others may find themselves
subject to liability for those infringements in some circumstances.
This chapter reviews recent international developments in the area of user
and third-party liability, particularly regarding the Internet and so-called file
sharing. It tries to make sense of the labels variously applied to these activities
and examines the holdings of various cases. Finally, it summarises the general
principles that courts and legislators are using to evaluate different types of
third-party activity in determining copyright liability.


A NOT-SO-FARFETCHED SCENARIO
A new taxi service GetawayQuick drives members of the public to the desti-
nations they choose. Unlike most car services, however, the business model of
this one is to become the car service of choice among bank robbers. Because
of its inside knowledge, and the speed and nondescript nature of its cars, this


* The author acknowledges the kind research assistance of St. ...