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  

Anne-Catherine Lorrain

Université Paris-Sud 11 / Jean Monnet Law School; Max Planck Institute for Innovation and Competition

Date Written: October 5, 2012

Abstract

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

Suggested Citation

Lorrain, Anne-Catherine, Delineating and Promoting an Online 'Legal Offer': A Proper Task for Copyright Legislation? (October 5, 2012). Journal of Intellectual Property, Information Technology and E-Commerce Law, JIPITEC 3 (2) 2012. Available at SSRN: https://ssrn.com/abstract=2263884

Anne-Catherine Lorrain (Contact Author)

Université Paris-Sud 11 / Jean Monnet Law School

54, Boulevard Desgranges
Sceaux, 92330
France

Max Planck Institute for Innovation and Competition

54, Boulevard Desgranges
Sceaux, 92330
France

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