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88 Geo. L.J. 1833 (1999-2000)
Internet Service Provider Liability for Subscriber Copyright Infringement, Enterprise Libility, and the First Amendment

handle is hein.journals/glj88 and id is 1855 raw text is: Internet Service Provider Liability for Subscriber Copyright Infringement, Enterprise Liability, and the First Amendment ALFRED C. YEN* INTRODUCTION ......................................... 1834 1. THE UNDERLYING LAW OF INTERNET SERVICE PROVIDER (ISP) LIABILITY FOR SUBSCRIBER INFRINGEMENT ................... 1838 A. DIRECT LIABILITY IN COPYRIGHT ........................ 1840 B. VICARIOUS LIABILITY IN COPYRIGHT ...................... 1843 1. General Principles: The Distinction Between Landlords and Dance Hall Proprietors ........................ 1844 2. Cases Holding That ISPs Resemble Landlords: Netcom and Marobie-FL ................................... 1845 3. Vicarious Liability of ISPs and Enterprise Liability in Tort. 1848 a. Contrasting Approaches to Vicarious Liability: The Trade Show Cases ........................... 1848 b. Factual Distinctions Between ISPs and Trade Show Operators .................................. 1852 c. Borrowed Insights From Enterprise Liability in Torts.. 1856 i. Vicarious Liability Under Respondeat Superior ... 1858 ii. Strict Products Liability .................... 1859 iii. Application of Borrowed Insights to Vicarious Liability of ISPs in Copyright ............... .1862 4. Vicarious Liability of ISPs and the First Amendment ..... 1865 * Professor of Law, Boston College Law School. The author would like to thank Boston College Law School, the University of Arizona School of Law, Case Western Reserve University School of Law, the University of Cincinnati School of Law, the University of Georgia College of Law, the University of Indiana-Indianapolis School of Law, and the Vermont Law School for valuable feedback given during presentations before their faculties. Thanks are also owed to Mark -Lemley and Michael Madison for their generous comments on an earlier draft, and to Erich Eisenegger, Michael Rutner, Ossie Borosh, Caroline Kwa, Theo Robins, and Jack Schecter for their valuable research assistance. Finally, the author wishes to express gratitude to Boston College Law School for support through its summer research grants. 1833

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