Under the IP code as amended a landlord or ISP or other party can be
liable for IP infringement in 3 circumstances:
a. He has been given notice/knowledge of the infringing acts
b. He has the ability to control the infringer’s activities in some way
c. He obtains a benefit somehow from the infringement
a. He has been given notice/knowledge of the infringing acts
b. He has the ability to control the infringer’s activities in some way
c. He obtains a benefit somehow from the infringement
This applies to all kinds of IP, but especially benefits copyright and
trademark rights holders trying to prevent widespread retail or online infringement
by forcing those who control channels of trade like online portals of retail
malls to stop their tenants/users from infringing. In most cases they will have
contractual powers to prevent it too. Most leases contain a prohibition on
on=premises illegal activities, as do most online click licenses/terms.
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