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40 Colum. J.L. & Soc. Probs. [i] (2006-2007)

handle is hein.journals/collsp40 and id is 1 raw text is: COLUMBIA JOURNAL OF LAW AND SOCIAL PROBLEMS Volume 40 Number 1 Fall 2006 Copyright © 2006 by the Columbia Journal of Law and Social Problems, Inc. SECONDARY LIABILITY FOR COPYRIGHT INFRINGEMENT:. BITTORRENT AS A VEHICLE FOR ESTABLISHING A NEW COPYRIGHT DEFINITION FOR STAPLE ARTICLES OF COMMERCE .................................................................................. 1 As broadband Internet access has become widespread, more and more Internet users are using modern peer-to-peer applications to illegally share copyrighted materials. BitTorrent is one example of a modern peer-to-peer application that can be used to transfer large amounts of data quickly and at a low cost. Peer-to- peer file sharing is estimated to cost Hollywood billions of dollars annually, yet few creators or distributors of these applications have been held liable under either traditional doctrines of secondary liability for copyright infringement or the inducement theory recently adopted by the Supreme Court. Additionally, the staple article of commerce doctrine articulated by the Supreme Court as a defense against contributory copyright infringement is inadequate to protect the rights of copyright holders in a digital world in which peer-to-peer applications enable individuals to make an unauthorized duplication of copyrighted work and subsequently to distribute hundreds of thousands of copies of that work worldwide. This Note proposes that the doctrine be revised to require an individual or company to employ reasonable methods to prevent copyright infringement in order to avail itself of this defense and be protected from lawsuits for contributing to large-scale copyright infringement. THROUGH THE EYE OF THE NEEDLE: HOW THE NEW YORK CITY HEALTH CARE SECURITY ACT WILL ESCAPE ERISA PREEMPTION ............................................................................... 37 The New York City Health Care Security Act is a local law requiring certain employers to make a minimum annual health care expenditure on behalf of their employees or the public. The law is designed to defray some of the health care costs borne by the state and local governments by shifting part of this burden onto employers. The law may face a preemption challenge under the Employee Income Retirement Security Act (ERISA) of 1974, which preempts any state law that relates to an ERISA employee benefit plan. This Note argues that the law is not preempted by ERISA because it neither refers to nor has a connection with ERISA benefit plans. In addition, the law furthers the critical policy goal of developing a more accessible, affordable, and equitable health care system, a goal that fully comports with the purposes of ERISA-

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