Computer & Communication Industry Association

The Combined Impact of Statutory Damages and Secondary Liability in the U.S. Copyright Regime Under the Fourth Circuit Standard

PublishedSeptember 3, 2025
Written By
  • Trevor Wagener

Two aspects of U.S. federal copyright law combine to create disproportionately large awards in recent infringement cases, with no relationship to any actual harms: (a) plaintiffs’ ability to obtain statutory damages awards without any proof of harm and (b) doctrines of secondary liability, under which plaintiffs can sue parties other than the actual infringer. The Fourth Circuit adopted standards for secondary “contributory liability” that could effectively require any legitimate digital service provider to terminate any customer about whom the service provider receives multiple complaints.

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Research
April 14, 2026

Considerations on Interference Impact in GEO-LEO Spectrum Sharing Systems

Modern Non-Geostationary Orbit (NGSO) satellite systems can safely coexist with Geostationary Orbit (GSO) networks under significantly relaxed interference limits, yet the ITU’s Equivalent Power ...

  • Space & Spectrum
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Research
April 13, 2026

DMA Impacts Suggest California’s Proposed SB 1074 BASED Act Will Be a Costly Failure

California's SB 1074 would impose DMA-analogous obligations while adding several additional cost drivers, including a private right of action, treble damages, and class action exposure that could m...

  • Digital Economy
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Research
April 9, 2026

O Conflito de Alto Impacto Envolvendo SEPs: Exercício de Poder Patentário, Seleção Estratégica de Foro e a Atuação dos Tribunais Brasileiros

  • Patents
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Research
April 9, 2026

The High-Stakes SEP Clash: Patent Leverage, Forum Shopping, and Brazil’s Courts

Standard Essential Patents (SEPs) are central to Brazil’s digital transformation. Yet the country’s legal and institutional framework has not evolved at the same pace. Today, Brazilian courts t...

  • Patents
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