Computer Bulletin Board Operator Liability for Users' Infringing Acts

Authors

M. David Dobbins, University of Michigan Law School

Abstract

This Note argues that a computer bulletin board operator's liability for copyright infringement by users of the bulletin board should be analyzed under the theory of contributory copyright infringement. This Note calls for a standard of liability under contributory copyright infringement that accommodates the competing interests at stake in the resolution of this issue. Part I provides an overview of copyright infringement law and argues that in most situations the operator's actions, viewed independently, do not constitute copyright infringement. Part II explores theories of third-party liability. This Part rejects the doctrine of vicarious liability as an effective means for establishing bulletin board operator liability and argues that contributory copyright infringement theory provides a more solid foundation for finding operator liability. Part III then proposes that courts employ a negligence standard to analyze contributory copyright infringement claims against bulletin board operators.

Recommended Citation

M. D. Dobbins, Computer Bulletin Board Operator Liability for Users' Infringing Acts, 94 Mich. L. Rev. 217 (1995).
Available at: https://repository.law.umich.edu/mlr/vol94/iss1/7