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A Call for Action for Online Piracy and Counterfeiting Legislation

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Citation Edit

American Bar Association, Section of Intellectual Property Law, A Call for Action for Online Piracy and Counterfeiting Legislation (A Section White Paper) (2014) (full-text).

Overview Edit

This paper urges that ABA members show some restraint when filing online file-sharing lawsuits.

[W]hile it is technically possible for trademark and copyright owners to proceed with civil litigation against the consuming public who affirmatively seek out counterfeited products or pirated content or engage in illegal file sharing, campaigns like this have been expensive, do not yield significant financial returns, and can cause a public relations problem for the plaintiff in addressing its consuming public.

It also "is meant to focus on and offer suggested solutions and remedies that would be effective against extra-territorial infringement and counterfeiting. Such solutions or remedies would only address the activities of users in the United States, not those activities in the 'host' country, which can only be addressed by national laws."[1]

References Edit

  1. Id. at xi.

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