Jul 112014

aba-ipThe Intellectual Property section of the American Bar Association has called on Congress to craft new legislation to fight infringement by “Predatory Foreign Websites” (PFW). In a white paper titled A Call for Action for Online Piracy and Counterfeiting Legislation, the group makes a number of recommendations, including the creation of a private right of action allowing rightholders to seek civil remedies. Specific civil remedies should include: “(1) injunctions directing financial payment processors to freeze the assets of PFWs and to cease doing business with such websites; (2) injunctions preventing online advertisers from paying PFWs or from displaying further ads on those websites; (3) injunctions requiring search engines to remove PFWs from paid, sponsored links; (4) injunctions requiring website hosts to cease hosting PFWs; (5) injunctions permitting the seizure and destruction of counterfeit or pirated goods, or their delivery to rightsholders who are willing to bear the shipping and handling costs; (6) injunctions requiring the immediate removal of pirated works and/or content, counterfeit marks, logos, insignia, or trade dress that have been made available, displayed, or otherwise promoted by PFWs; and (7) monetary damages in the form of disgorgement of profits of the PFWs achieved as a result of the illegal activity, which shall be paid to the rightsholder from the assets frozen or advertising/sponsored links revenue that had been withheld by the intermediaries, as described in points 1-3 above.”

As noted by Ed Silverstein in Inside Counsel “ABA does not want to see expansion or contraction of current third-party copyright liability.” However, the report recommends that Congress investigate “additional incentives… to encourage a broader adoption by U.S.-based Internet businesses”

The full report is available here, and a brief summary of its recommendations can be found on pages 89-91.



  One Response to “American Bar Association White Paper Calls for New Legislation to Combat “Predatory Foreign Websites””

  1. The common denominator to Global IP Theft are the ISPs. Its not Fair Use. Its no Safe Harbor. Its theft by the private companies that own the Internet. Stealing is the Crime. Crimes are law enforcement’s oversite. Hold them accountable, claw back the monies stolen off of Content Creators IP….
    Carrie Devorah