Reply to post: Re: Follow the money

Should ISPs pay to block pirate websites? Supreme Court to decide

KroSha

Re: Follow the money

The question always boils down to who bears the cost when the party at fault can't be caught?

The answer is always: "The person who has something to lose."

In every other field, it's the original IP holder who has to take the counterfeiter to court, at their own cost. Usually, the judgement awards them costs, so they don't actually lose anything. But in these cases, they aren't going to get a court order, because they have no idea who the infringer actually is. So they end up out of pocket and the infringer has to find a new route to market.

If they actually want knock-offs off the market, they are going to have to play to get them taken down, at their own cost, or suffer the brand damage that comes with it.

Going after the ISP is like suing the Royal Mail for delivering the goods at the end of the purchase.

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