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38 Rutgers L. Rec. 1 (2011) | WestLaw | LexisNexis | PDF
The state of intellectual property infringement jurisprudence on the Internet is rapidly changing. Neither the courts nor rights holders who have relied on the legacy frameworks yet understand how to address the new market or technological landscape that the Internet is painting around them. Search engines, auction sites, and social networks are each examples of an Online Service Provider (“OSP”). These OSP’s form the core of OSP’s with which the law in each country must contend. These OSP’s are of central importance because they are the loci of a great amount of infringement in both copyright and trademark in international trade. The issue is complicated because communities of people not affiliated with the OSP are often the main contributors of the infringing content. In light of recent cases in Asia, where courts have applied different methodologies and thus reached different conclusions, it is crucial to understand to what degree OSP’s are liable for infringing content on their sites.
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