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[7WashJLTech&Arts149] Copyright Infringement Liability of Placeshifting Services in the United States and Japan

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dc.contributor.author Isoda, Naoya
dc.date.accessioned 2011-11-22T20:58:47Z
dc.date.available 2011-11-22T20:58:47Z
dc.date.issued 2011-11
dc.identifier.citation 7 Wash.J.L. Tech & Arts 149 (2011) en_US
dc.identifier.issn 2157-2534
dc.identifier.uri http://hdl.handle.net/1773.1/1071
dc.description vol.7 no.2, Fall 2011 en_US
dc.description.abstract Placeshifting is a convenient service that enables customers to enjoy television programs from their home countries even if they are in foreign countries. Placeshifting works by receiving/recording a television program in one country and then transmitting the digital data to customers everywhere in the world via the Internet upon each customer’s request. Because placeshifting may be involved with recording and/or transmitting copyrighted content, service providers must face the question whether they may be liable for copyright infringement. In the United States, the Second Circuit in Cartoon Network v. CSC Holdings decided the legality of placeshifting by requiring a “volition element” for direct infringement. In Japan, however, court decisions have varied. Most of the courts have applied an overall consideration standard such as the “Karaoke rule.” As a result, there remains large uncertainty about the state of the law in Japan.This Article introduces the legal basis and judicial decisions for placeshifting both in the United States and Japan and suggests introducing the volition requirement as one possible solution for the uncertainty in Japan. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Journal of Law, Technology & Arts, University of Washington School of Law en_US
dc.subject Law, Technology & Arts Group Feature Article en_US
dc.subject Intellectual Property
dc.title [7WashJLTech&Arts149] Copyright Infringement Liability of Placeshifting Services in the United States and Japan en_US
dc.type Article en_US
dc.rights.holder Copyright 2011 Naoya Isoda en_US


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