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Chapter 5
VOLUNTARY ACTION
I. SECTION POSITION
The IPL Section supports the development of voluntary industry programs to combat Internetbased
copyright and trademark infringement by Predatory Foreign Websites. The IPL Section also
supports the enactment of legislation aimed at deterring intellectual property infringement and
encouraging voluntary industry initiatives as a part of a multi-pronged approach to addressing
Internet-based infringement.
II.
SECTION RESOLUTION: TF-09
RESOLVED, that the IPL Section supports voluntary efforts to combat Internet-based copyright
and trademark infringement by Predatory Foreign Websites, as defined by Resolution TF-06,
including through mechanisms such as streamlining and expediting submission and processing of
nonjudicial infringement complaints, implementation of online nonjudicial complaint forms and
automatic takedown tools, and development of programs designed to educate Internet users about
intellectual property rights and to deter infringing activity;
FURTHER RESOLVED, that the IPL Section supports the development of robust and proactive
voluntary industry programs to identify and remove infringing content, and to deny access to
counterfeited products and/or disassociate with infringing activity, such as voluntary content
filtering by hosting sites and partner website vetting by ad networks and payment processors; and
FURTHER RESOLVED, that the IPL Section supports the enactment of legislation aimed at
deterring Internet-based intellectual property infringement and encouraging voluntary industry
initiatives and wider adoption of such initiatives, both in the United States and around the world,
as part of a multi-pronged approach to reduce the harm caused by illegal activities of Predatory
Foreign Websites.
III.
DISCUSSION
A. Background: Voluntary Industry Initiatives to Combat Online Piracy and
Counterfeiting (“Voluntary Action”)
In the United States, following the collapse of efforts to pass the Protect IP Act (“PIPA”) 1 and the
Stop Online Piracy Act (“SOPA”) 2 proposals in 2012, public discussion has expanded to include
whether voluntary industry initiatives to combat online piracy and counterfeiting undertaken by
Predatory Foreign Websites (“PFWs”) 3 could represent an effective and feasible resolution to the
continuing problem. The PIPA and SOPA bills were aimed at preventing counterfeits offered by and
pirated works made available on foreign websites from reaching U.S. consumers by obligating or
strongly encouraging intermediaries, such as Internet service providers (“ISPs”), Internet advertisers,
payment processors and search engines, to take action by limiting access or financial support
to such sites. Opposition to the bills was widely debated, ultimately caused both bills to be
withdrawn, and rallied opponents to challenge vociferously other measures designed to protect
copyrights and trademarks on the Internet. This debate has focused the spotlight on intermediaries
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