Delineating and Promoting an Online 'Legal Offer': A Proper Task for Copyright Legislation?
Journal of Intellectual Property, Information Technology and E-Commerce Law, JIPITEC 3 (2) 2012
14 Pages Posted: 13 May 2013
Date Written: October 5, 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.
Keywords: copyright, enforcement, regulation, file-sharing, graduated response, HADOPI, digital market, legal offer
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