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Copyright Conspiracy: How the New Copyright Alert System May Violate the Sherman Act

2 New York University Journal of Intellectual Property and Entertainment Law 142 (2012)

46 Pages Posted: 12 Feb 2012 Last revised: 24 Aug 2015

Sean M. Flaim

Catholic University of America (CUA) - Columbus School of Law

Date Written: December 15, 2011

Abstract

In July 2011, a consortium of major content providers and Internet service providers announced their intention to implement the Copyright Alert System, a graduated response plan aimed at stemming online copyright infringement by individual users. While other commentators have examined the rise of these systems abroad and certain potential issues with the implementation of such measures in the United States, little has been said about the antitrust implications of a private system of copyright enforcement. This article recounts the history of online infringement leading up to the Copyright Alert System and then analyzes the system from the perspective of antitrust law, taking the position that the system announced raises significant antitrust concerns. The article concludes with recommendations for improving the current system to protect the rights of consumers.

Keywords: graduated response, copyright alert system, antitrust

Suggested Citation

Flaim, Sean M., Copyright Conspiracy: How the New Copyright Alert System May Violate the Sherman Act (December 15, 2011). 2 New York University Journal of Intellectual Property and Entertainment Law 142 (2012). Available at SSRN: https://ssrn.com/abstract=2002886 or http://dx.doi.org/10.2139/ssrn.2002886

Sean M. Flaim (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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