Delineating and Promoting an Online 'Legal Offer': A Proper Task for Copyright Legislation?
Max Planck Institute for Intellectual Property and Competition Law; Université Paris-Sud 11
October 5, 2012
Journal of Intellectual Property, Information Technology and E-Commerce Law, JIPITEC 3 (2) 2012
Legislations tackling the issue of illegal downloading of copyrighted content, notably those enabling so-called “graduated response” mechanisms, often present and promote the idea of “legal offers”, designed to encourage consumers to acquire cultural content legally, as the positive counterpart to their sanctioning provisions. The paper argues that such legal rationales are actually underpinned by ambiguous concepts, bearing underestimated consequences on both practical and theoretical levels. The legislative promotion for the development of so-called “legal” services instills uncertainty in the online market place, thereby affecting online business practices but also the core tenets of copyright law.
Number of Pages in PDF File: 14
Keywords: copyright, enforcement, regulation, file-sharing, graduated response, HADOPI, digital market, legal offerAccepted Paper Series
Date posted: May 13, 2013
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo5 in 0.312 seconds