CRIA Calls For Notice and Termination Framework

Professor Geist's regular Toronto Star Law Bytes column (Toronto Star version, HTML backup article, homepage version) focuses on the Canadian Recording Industry Association's call for what amounts to a notice and termination approach to removing allegedly copyright infringing material. CRIA's counsel told a parliamentary committee that once an ISP receives notification that a subscriber is offering copyrighted works for download, the ISP "ought to kick that subscriber off the system." The approach would be the most radical worldwide as the proposed removal would presumably come without a court hearing or other due process. The column proposes a four step notice and takedown procedure that respects the rights of copyright holders, the privacy rights of users, the fairness of court review, and the need to appropriately limit the burden placed on ISPs.

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