Sean Flaim: "Copyright Alert System" has antitrust implications

In the proceeding, the content owner is presumed to have both identified the copyrighted work correctly and correctly identified the alleged infringer. The burden of proof is on the consumer to prove them wrong.

via arstechnica.com

That quote is from Sean Flaim's op-ed at Ars Technica, about the imbalanced power dynamics between ISPs and consumers that led to a new copyright infringement policy that shift the burden from copyright plaintiffs to show a defendant has infringed, to defendant to show that they have not.

Flaim is a recent graduate of Catholic University of America's Columbus School of Law who specialized in "antitrust, cyberlaw, privacy and intellectual property." I've been focusing on the last three during my time at Temple Law, and I'm currently taking an antitrust class.

I'm begining to see how integral antitrust analysis is to movement in the technology industry that shapes changes in cyberlaw, privacy and intellectual property law. I look forward to reading Flaim's full paper, embedded below and available on SSRN.

Copyright Conspiracy: How the New Copyright Alert System May Violate the Sherman Act Image via Wikipedia

This was originally posted to joeross.posterous.com.