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Cardozo Journal of Conflict Resolution

Abstract

Ongoing technological advancements are imminent and new forms of media will increasingly be created further broadening one's ability to share both his or her own intellectual property and the intellectual property of others almost instantaneously. Rising piracy and the growing use of peer-to-peer ("P2P") file-sharing resulted in representatives from the Motion Picture Association of America ("MPAA"), the Recording Industry Association of America ("RIAA"), and the nation's five largest Internet Service Providers ("ISPs")-AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon-joining forces. The Copyright Alert System ("CAS"), similar to foreign copyright enforcement graduated response systems, is the privatized, contractual United States graduated response system that was signed in 2011 but delayed until 2013 by the aforementioned copyright owners and representatives.

This privately contracted CAS has the correct foundation, maintaining its neutral status acting as a gatekeeper, but the lack of a long-term penalty for violations beyond the sixth strike, apart from the potential to decrease bandwidth, is a metaphorical crack in the foundation preventing effective building upon it. This Note will discuss the current and potential use of ADR under the CAS and will compare it to similar systems in other countries and to ISP website blocking. The first section of this Note describes the graduated response systems of copyright infringement prevention in the United States' CAS "six-strikes" law; France's Haute Autoritj pour la diffusion des oeuvres et la protection des droits sur internet ("HADOPI"); New Zealand's "three-strikes" law; South Korea's "three-strikes" law; and the European Union's ("EU") trend in ISP website blocking. Part II analyzes the effectiveness of the United States CAS system, juxtaposed with the DMCA and EU Ecommerce Directive to determine whether or not the system enhances copyright protection and efficiency through ADR. In conclusion, this Note will propose a new approach to the Center for Copyright Information's ("CCI") implementation of alternative dispute resolution that incorporates various facets from graduated response systems with freely entered into arbitration agreements and further deterrence through reporting under the DMCA.

Disciplines

Dispute Resolution and Arbitration | Intellectual Property Law | Labor and Employment Law | Law

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