Judicial Regulation of Digital Copyright Windfalls
Publication Date:May 03, 2012
Format:Op-Ed or News Article
Nearly a decade after the emergence of user-generated content (UGC) websites, appellate courts finally rendered their interpretation of the applicability of the Digital Millennium Copyright Act’s (DMCA) safe harbor with respect to such entities during the past several months. These much-anticipated decisions highlight the difficulties of interpreting copyright law in a rapidly evolving technological age. They also indicate how the risk of highly disproportionate liability can distort statutory interpretation.