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Secondary Liability

Secondary liability is a doctrine under which a service provider can be held liable for infringement committed by users.  It is a strong and appropriate enforcement tool against bad actors who purposefully support copyright infringement.  But the law in this area must leave breathing room for valuable new technologies to develop.  Lawsuits against providers of services and technologies continue to test the boundaries of secondary liability.  Overbroad application of secondary liability could seriously chill innovation.

 
 

Follow the latest CDT news with Press Releases, Events, and where we've been featured around the Internet.

Name Issues Date
Bono's Not So Beautiful Day
Commentary: When a celebrity speaks about a cause of significant importance a lot of us listen. When that...
1/6/2010
Can You 'Ban' People From the Internet?
Commentary: Is it appropriate to "ban" someone from the Internet for downloading someone else's...
12/4/2009
Supreme Court Declines to Hear Appeal of "Remote DVR" Case
Statement: The Supreme Court today declined to reconsider a 2nd U.S. Circuit Court of Appeals decision holding...
6/29/2009
Appeals Court Reverses "Remote DVR" Decision
Statement: The Second Circuit Court of Appeals today reversed a lower court decision that, as CDT and a number...
8/4/2008
CDT, Others Urge Court To Reject Bias Against Remote Services
Statement: CDT and a number of industry associations and public interest groups filed a brief today in the...
6/11/2007

Policy Posts deliver in-depth analysis of current issues affecting the Internet. These documents are a leading resource for policy makers, the press, industry representatives, students, and others interested in legal and policy issues affecting the Internet.

Name Issues Date
"Remote DVR" Ruling Could Raise Copyright Risks for Other Services On March 22, the U.S. District Court for the Southern District of New York issued a ruling blocking... 4/6/2007
CDT, Tech Groups Urge High Court to Protect Internet Innovation CDT and leading technology groups filed a friend-of-the-court brief before the U.S. Supreme Court... 1/26/2005

Find all our latest testimony, papers, and other reports here.

Featured Blog Posts

CDT and other advocates sent a letter to President Obama today once again urging greater transparency as the US negotiates a new Anti-Counterfeiting Trade Agreement (ACTA). While the administration has permitted some advocates (including my... Continued »
The Copyright Office recently held its triennial hearings on exemptions to the Digital Millennium Copyright Act's prohibition on circumventing technical protection measures for copyrighted works.  The Office is charged under the DMCA... Continued »