Copyright Enforcement: The Graduated Response Takes Centre Stage

A significant portion of copyright infringement in the digital environment is carried out through file sharing.1 Litigation by copyright-holders against individuals and the providers of online file sharing or peer-to-peer (P2P) platforms has failed to stem the tide of large-scale infringement.2 The pursuit of individuals has been nothing short of a ‘public relations disaster’ because of the disproportionate remedies sought.3 For example, in the United States, Jamie Thomas-Rasset’s case, based on her sharing of 24 songs, resulted in a fine of US$1.92 million in 2009, which was reduced to US$54 000 in January 2010 and then fixed at US$1.5 million by a third jury trial in November 2010.4 Thereafter it was reduced to US $54 000 in July 2011.5 An appeal was filed against that reduction in August 2011, oral arguments were heard on 12 June 20126 and judgment is still pending as at 10 July 2012