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Vol 11 No 1 - March 2006

Inducers and Authorisers: A Comparison of the US Supreme Court’s Grokster decision and the Australian Federal Court’s KaZaa ruling
Jane C Ginsburg, Morton L Janklow Professor of Literary and Artistic Property Law, Columbia University School of Law and Sam Ricketson, Professor of Law, University of Melbourne

The liability of those who provide the means by which infringements of copyright may occur has become a burning issue in the digital age, in particular with respoect to the advent of peer-to-peer technologies. Traditional common law and statutory principles are the atarting point for analysis here, and have been the subject of consideration in two recent casesin the US (Grokster) and Australia (KaZaa). While the story is far from over, both these controversies demonstrate that, in appropriate circumstances, legal principles developed in the pre-digital era, can have application in the new environment.

 

The full-text version of this article is available on Lexis Nexis online.

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