U.S. Copyright Law, Technology and Litigation. A National Approach and its International Consequences

U.S. copyright law is facing an interesting moment, where technology is far ahead of the law, and where the evolution of law seems to lead nowhere. This article focuses on recent technological evolution and subsequent legal developments, especially the safe harbor provisions for Internet service providers established by the Digital Millennium Copyright Act (DMCA) and its judicial interpretation. The main idea is to suggest a different direction on the evolution of U.S. copyright law. The proposal is based on a rather simple approach that would adapt copyright law to new technology. It is about redefining the red flag knowledge contained on the safe harbor provisions of the DMCA. In order to overcome opposition, the article suggests discontinuing the use of ineffective approaches.