This Comment examines the issue of whether an access provider may be found liable for copyright infringement by a bulletin board subscriber. It provides a background of copyright law and policy, discusses traditional legal theories of copyright infringement liability, and analyzes a recent case that, for the first time, directly addressed the issue of an Internet access provider's liability, Religious Technology Center v. Netcom On-Line Communication Services. This Comment discusses the application of the legal principles in Fonovisa v. Cherry Auction to the potential liability of an online access provider. This Comment concludes with a critique proposing that revision of the copyright law is necessary to preserve intellectual property rights without chilling the growth of the Internet.
Mary Ann Shulman,
Internet Copyright Infringement Liability: Is an Online Access Provider More Like a Landlord or a Dance Hall Operator?, 27 Golden Gate U. L. Rev.