ASSESSING THE EFFICACY AND IMPACT OF THE GRADUATED RESPONSE RULE
IN COMBATING ONLINE COPYRIGHT INFRINGEMENT: A COMPARATIVE ANALYSIS
ABSTRACT
In our digital era, we have seen that peer-to-peer (P2P) file-sharing networks have enabled users to swiftly exchange all forms of original work, which include films, music, novels, and artwork, among others. Consequently, copyright owners and stakeholders of the movie and music industries were left shaken as their profits dwindled and their potential revenues were negatively impacted by this development. In their efforts to curb this form of copyright infringement, these copyright owners and stakeholders lobbied for the practice of the graduated response rule, a procedure that involves the Internet users’ Internet service providers (ISPs) to monitor the users’ online activities and to determine whether they allegedly infringe another’s copyright. This rule would also require the ISPs to send notices to these users regarding these allegedly infringing activities and, upon the user’s failure to address them, would, in some jurisdictions, even allow them to temporarily suspend their Internet access. This research provides a high-level overview of the graduated response approaches in different countries such as France, South Korea, the United States, Sweden, and New Zealand. This research also explains in detail the critiques of such rule, as it has been the subject of debate with some claiming it to violate a person’s fundamental rights to freedom of expression and privacy and other countering that it is a necessary measure to address these burgeoning copyright-infringing transactions over the Internet. The research then finally argues that the various graduated response approaches are ineffective in curbing online copyright infringement, and that although it does not suggest for these approaches to be totally disregarded or eliminated, it further argues that a graduated response system which expressly and clearly takes into consideration the human rights guaranteed under international law is better suited. Lastly, Commented [PAA1]: One literature also provides that it argues that legislative efforts alone are not enough to combat online piracy and States should domestic law enforcement is ineffective and that an international system of coordinated graduated response is continuously encourage innovation as better alternatives to copyright infringement. needed. Do you think this is feasible? Although disputes can be sent to WTO's dispute settlement body, bilateral OUTLINE diplomacy is often preferred to filing a formal complaint and in practice, disputes may take several years to resolve. I. Introduction A. Online Copyright Infringement C. Research Problem D. Significance of the Study E. Scope and Limitations F. Methodology G. Organisation of the Research II. Review of Related Literature A. Copyright at a Glance B. Graduated Response System from a Global Perspective C. Rights to Freedom of Expression and Privacy III. Analysis A. Freedom and Privacy Rights are Not Absolute B. Current Form of Graduated Response Approaches are Ineffective C. Proposal IV. Conclusion
