Copyright Infringement Liability of the Intermediaries and the Immunity Therefrom- A Comparative Asian Perspective

Abstract

The intermediaries are the entities that work as the connecting path between the users, content creators and the content disseminators. It would be no exaggeration to say that the Internet would become a dull and meaningless place without the services now being provided by the Internet intermediaries. The intermediaries, by their activities, play a crucial role in contributing to a burgeoning digital environment and market. However, under different theories of law, the intermediaries run the risk of attracting liability, including copyright infringement liability for wrongful acts of other actors in the Internet environment. This paper focuses on the liability for copyright infringement by intermediaries and the escape route therefrom in Asian countries such as China, India, Japan, Singapore, Vietnam, and Thailand. Drawing insights from this comparative analysis, the authors explore what model of intermediary immunity would best suit the social, cultural and economic ground reality of Asia. In the entire study, the authors use the two prevailing alternative models, the prior due diligence model of the United States of America and the prior authorisation model of the European Union, as the measuring standard for assessing the Asian intermediary immunity regime. The paper ends with the suggestion of a uniform Asian approach for dealing with intermediary safe harbour.