Introduction

Potential Implications

The potential implications the abovementioned line of cases may have for internet service providers, web hosts, online retailers, and others involved directly, or indirectly, in the online sale of counterfeit merchandise is expansive and has lead me to question whether or not the policy driving the law to hold these entities liable for their affiliates’ intellectual property infringement is sound. In fact, this policy is downright abusive. It is inherently unjust to require Internet intermediaries to take preventative or proactive measures to step into the shoes of law enforcement officials and police their affiliates. While I recognize that the effort, time, and money needed to individually identify, track, and sue primary infringers is extensive and inefficient, to do the alternative by casting a dangerously wide net that holds host websites responsible for the actions of their affiliates will have disastrous implications and will inevitably push society down a very slippery slope as intellectual property owners such as Louis Vuitton will inevitably try to continue to expand the boundaries of secondary liability by suing any and every party involved in some manner in the sale, whether it be advertisers, payment providers, shippers, or other activities relating to such goods. \ No newline at end of file