[NA-Discuss] Systematic Copyright Alternative Dispute Resolution and PIR

Glenn McKnight mcknight.glenn at gmail.com
Tue Apr 4 21:20:21 UTC 2017

PIR  Discussion on   SCADR  Systematic Copyright Alternative Dispute

As a followup to topic discussion on the  Systematic Copyright Alternative
Dispute Resolution with the PIR  Advisory Committee  I am taking the
liberty of  sharing some points  from the new  PIR  advisory member  Farzaneh

*This some of the key points by Faraneh*

*Private dispute resolution mechanisms (and sometimes even overzealous
public ones) for protection of copyright can lead to censorship.*

*Copyright owners have access to public institutions remedies. Reduction of
the legal transaction costs for them can lead to unfair requests and
copyright overreach. At the present, there are no laws that mandate PIR to
enforce copyrights or to come up with a dispute resolution mechanism. If a
law that mandates PIR in the future is issued and passed, then that is when
we should think about due process that should be present in that system. *

*By having SCADR in place, PIR will run into many liability issues. I have
not seen the policy (are we going to receive that?) but I have researched
on intermediary liability. There are many instances which the intermediary
can be held liable when providing dispute resolution. This is not a legally
mandated ADR and not required by law, so if PIR chooses this path it might
well expose itself to being sued. While arbitral liability is a
well-established doctrine, PIR's process might not constitute arbitration (
I don't know the policy, have to look at it) there are instances that even
referral to a certain dispute resolution mechanism can expose the
intermediary to liability. And bearing such liability is for a cause that
is against the mission of PIR in this instance. *

*Best regards,*

Thanks to Farzaneh leading the charge  on this issue and  I would suggest
to pick up this topical discussion  and provide comments to myself and
 Maureen ( a new PIR Member)  apparently a full document is pending from PIR


Glenn McKnight
mcknight.glenn at gmail.com
skype  gmcknight
twitter gmcknight
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