The digital environment brought with it a promise of greater access to information, new modes of creativity, social sharing, and new business models, and, at the same time, has shaken old business models, enabled mass copyright infringements, and challenges our notions of IP. For almost 20 years now, there have been many attempts to adjust the law to the digital challenge, mostly by way of expanding copyright law: adding criminal aspects, reaching global arrangements, adding anti-circumvention measures, as well as attempts that have met more public resistance, such as the “three strikes out” policy, SOPA & PIPA, or ACTA. This panel will discuss the gaps between the ideal goals of IP law and the digital reality.
- Prof. Peter S. Menell, Co-Director of the Berkeley Center for Law & Technology, will talk about "Rethinking Copyright Enforcement in the Internet Age". Copyright's deterrence regime was developed for an analog era in which the primary concern was unauthorized public performance of musical compositions by commercial enterprises. This model has proven unworkable and even counterproductive in the Internet Age. This presentation explores alternative approaches to restoring copyright law's effectiveness.
- Dr. Orit Fischman Afori, Associate Professor (Senior Lecturer) at the College of Management Academic Studies Law will talk about "Internet Intermediaries as Gatekeepers", and will discuss indirect/contributory liability in copyright law, duty of care, and imposing monitoring duties on Internet intermediaries.
- Mr. Daniel Ilan, counsel, Cleary Gottlieb Steen & Hamilton LLP, NY, on User-generated content and the “free billion dollar app” (Waze, Twitter and other case studies)