Copyright troll

Copyright troll is a pejorative term used to describe individuals or entities that aggressively enforce copyrights they hold for the primary purpose of obtaining settlement fees rather than producing or distributing creative works. Copyright trolls typically target users or entities that they accuse of copyright infringement, often without substantial evidence, and rely on the legal costs and the threat of damages associated with copyright litigation to compel settlements.

Overview

Copyright trolls operate by purchasing or otherwise acquiring rights to a copyrighted work, then monitoring for alleged infringements of that copyright. Once an alleged infringement is identified, the copyright troll sends a demand letter to the accused infringer. These letters often claim legal rights to damages and may demand payment of a licensing fee or settlement to avoid litigation. The amount demanded is usually calculated to be less than the cost of defending a lawsuit, making settlement an attractive option for the accused infringer.

Tactics

The tactics of copyright trolls can vary, but common strategies include:

• Monitoring peer-to-peer networks and other online platforms for potential infringements.
• Using automated software to identify and track unauthorized use of copyrighted material.
• Sending mass copyright infringement notices and demand letters to alleged infringers.
• Filing lawsuits against individuals or small businesses that are unlikely to have the resources to defend themselves in court.

Criticism

Copyright trolls have been widely criticized for several reasons:

• They are seen as exploiting the legal system for profit rather than genuinely protecting the interests of copyright holders.
• Their tactics can be seen as a form of legal extortion, where the cost of legal defense forces individuals or small entities to settle regardless of the merits of the case.
• They may target innocent parties, such as individuals who are unaware of unauthorized use of copyrighted material on their networks or websites.
• The practice can stifle creativity and innovation by creating a chilling effect on the use and sharing of copyrighted materials.

Legal and Ethical Considerations

The ethics and legality of copyright trolling are subjects of ongoing debate. Some jurisdictions have taken steps to curb abusive practices by enacting laws that require copyright trolls to provide more evidence when making infringement claims or by making it easier for defendants to recover legal costs in cases of unfounded litigation.

See Also

• Copyright law
• Intellectual property
• Copyright infringement
• Digital Millennium Copyright Act

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