1oz61wa

Voluntary Action
websites. eBay received many complaints from users claiming to have been duped into buying counterfeit
Tiffany products sold on eBay. . . . The risk of alienating these users gives eBay a reason to identify and remove
counterfeit listings. Indeed, it has spent millions of dollars in that effort.”) (internal citations omitted).
53. 15 U.S.C. §1125(d). Domain name registrars are afforded a safe harbor under the ACPA for “refusing
to register a domain name, removing from registration, transferring, temporarily disabling, or permanently
canceling a domain name,” as long as they were acting in compliance with a court order under 15 U.S.C.
§1125(d) or implementing a “reasonable policy of the registrar . . . prohibiting the registration of a domain name
that is identical to, confusingly similar to, or dilutive of another’s mark.” 15 U.S.C. §1114(2)(D).
54. If a website operator fails to respond to reports filed by trademark and/or copyright owner concerning
specific instances of alleged infringement, it can be found liable for contributory infringement. Such liability has
created an incentive for website operators to create reporting mechanisms and procedures that provide trademark
and copyright owners with a means of reporting infringing activity and getting such content removed. See, e.g.,
Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 658 F.3d 936 (9th Cir. 2011) (affirming finding of
liability for contributory trademark infringement and copyright infringement by web host Akanoc, which had
received eighteen notices of specific infringement claims from Louis Vuitton but neither responded to these
notices nor removed the infringing content).
55. Kristina Montanaro, Executive Summary, “IACC Payment Processor Portal Program: First Year
Statistical Review,” International AntiCounterfeiting Coalition at 2 (Oct. 2012) (available at http://www.gacg.org/
Content/Upload/MemberNewsDocs/October%202012%20Report%20to%20IPEC%20-%20FINAL.pdf).
56. See Testimony of Christine N. Jones (Executive Vice-President, General Counsel, & Corporate Secretary,
The Go Daddy Group, Inc.) before the Senate Judiciary Committee Hr’g on “Targeting Websites Dedicated
to Stealing American Intellectual Property” (Feb. 16, 2011) (available at http://www.judiciary.senate.gov/pdf/11-
2-16%20Jones%20Testimony.pdf).
57. See also P. Bernt Hugenholtz, “Codes of Conduct and Copyright Enforcement in Cyberspace,”
Copyright Enforcement and the Internet at 303 (2010) (available at http://www.ivir.nl/publications/hugenholtz/
Codes_of_conduct.pdf).
58. See, e.g., eBay’s VERO program (http://pages.ebay.com/vero/notice.html and http://pages.ebay.com/
againstcounterfeits/index.html); Apple iTunes and App Store (http://www.apple.com/legal/intellectual-property/);
Amazon’s Appstore for Android (http://www.amazon.com/gp/help/customer/display.html/
ref=hp_rel_topic?ie=UTF8&nodeId=508088#copyright).
59. See generally, Viacom Int’l v. YouTube, Inc., 676 F.3d 19 (2d Cir. 2012); Tiffany, Inc. v. eBay, Inc., 600
F.3d 93 (2d Cir. 2010).
60. See, e.g., “Google Play Trademark Infringement Policy” (available at http://support.google.com/
googleplay/android-developer/answer/141511?hl=en).
61. See “iTunes Content Dispute” (available at http://www.apple.com/legal/internet-services/itunes/
appstorenotices/).
62. The IPL Section takes no position on whether an ISP blocking access to a particular site is within its
rights to do so. However, the ISP’s own terms and conditions relating to its subscribers’ activities—which
typically are deemed accepted when a user signs up for services (at which point the terms and conditions are
available to the user) and begins using the site—may authorize such blocking if a subscriber engages in conduct
prohibited by the terms and conditions. See e.g. 2 Ian Ballon, E-Commerce and Internet Law §§23.01-23.03
(2012).
63. Internet Society, Perspectives on Policy Responses to Online Copyright Infringement (available at http://
www.wipo.int/edocs/mdocs/copyright/en/wipo_isoc_ge_11/wipo_isoc_ge_11_ref_00_runnegar.pdf) (last visited
March 13, 2013).
64. This measure has been employed as the final step in an escalating “graduated response” process
(otherwise known as “three strikes”) by various European countries. See Annemarie Bridy, “Graduated Response
American Style: ‘Six Strikes’ Measured Against Five Norms,” 23 Fordham Intell. Prop. Media & Ent.
L.J. 1-66 (2012).
65. See “Qwest ISP Piracy Suspension” (available at http://news.cnet.com/8301-31001_3-10444879-
261.html).
66. Id.
67. Bandwidth throttling is a control technique employed by communications networks to regulate traffic by
intentionally slowing service, frequently in order to limit network congestion and prevent server crashes and/or
to regulate users’ bandwidth usage. See, e.g., “Bandwidth Throttling,” Wikipedia (available at https://
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