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- Title
THE LEGITIMACY OF GRADUATED RESPONSE SCHEMES IN COPYRIGHT LAW.
- Authors
SUZOR, NICOLAS; FITZGERALD, BRIAN
- Abstract
The article focuses on the legitimacy of graduated response schemes in the Australian copyright law. It says that the graduated response schemes shift the task of adjudicating and enforcing copyright from the courts and onto intermediaries to reduce enforcement costs and avoid the public relations problems. Moreover, it highlights two main aspects of the rule of law, the requirement of proportionality and the requirement of due process, to evaluate the legitimacy of such schemes.
- Subjects
AUSTRALIA; COPYRIGHT; LAW enforcement; COURTS; RULE of law; INTERMEDIARIES (Information professionals); DUE process of law; PROPORTIONALITY in law
- Publication
University of New South Wales Law Journal, 2011, Vol 34, Issue 1, p1
- ISSN
0313-0096
- Publication type
Article