Day August 13, 2018

Behind the Scenes of Online Copyright Enforcement: Empirical Evidence on Notice & Takedown

[Sharon Bar-Ziv and Niva Elkin-Koren] Abstract: Copyright enforcement was one of the early challenges to the rule of law on the internet and has shaped its development since the early 1990s. The Notice and Takedown (N&TD) regime, enacted in the Digital Millennium Copyright Act, offered online intermediaries immunity from liability in exchange for removing allegedly infringing materials upon receiving notice from rights holders. The unequivocal power of rights holders to request removal and the strong incentives for online intermediaries to remove content upon receiving a removal request have turned the N&TD regime into a robust clean-up mechanism for removing any unwarranted content. The N&TD procedure applies to private facilities, makes use of proprietary software, and is administered by private companies. This enforcement procedure is nontransparent and lacks sufficient legal or public oversight. Unlike copyright enforcement in court, where decisions are made public, we know very little about the actual implementation of the N&TD regime: Which players make use of the system? Who is targeted? What materials get removed and why? How effective is the removal of infringing materials, and does it comply with copyright law?

A Sliver of Hope: Analyzing Voluntary Licenses to Accelerate Affordable Access to Medicines

Abstract: As a result of global AIDS activism, governments' latent and exercised powers to bypass pharmaceutical monopolies, and halting pharmaceutical industry accommodation, a new form of voluntary licensing has emerged focused on first permitting and then facilitating generic production of certain pharmaceutical products for sale and use in many but not all low- and middle-income countries (LMICs). These so-called "access" licenses are pluralistic in detail and not free of commercial motivations for either originators or generic producers, but they do differ from arms-length, purely commercial licenses that have been broadly used in the industry for decades. Although the first of these access licenses were negotiated bilaterally by innovators at the receiving end of AIDS activism and threats of government action, including the issuance of compulsory or government-use licenses, the leading model of more public-health oriented voluntary licenses can be traced to the formation of the Medicines Patent Pool under the financial sponsorship of Unitaid in 2010.