Piggybackers and freeloaders: platform economics and indirect liability for copyright infringement

Abstract

Many, if not most, copyright cases of alleged indirect liability for copyright infringement arise in platform markets: One of the litigating parties is a market intermediary that connects members of different distinct groups. Indirect liability for copyright infringement is still controversial and frequently litigated. This paper develops an analytical framework that is applicable to many of the debated cases. The presented framework offers strong justifications for the imposition of indirect liability for copyright infringement in platform markets and offers tools to establish certain elements of indirect liability for copyright infringement.