Copyright trolling as threat to internet users’ legal and economic security: Comments in light of EU and US legislations

Abstract

This article is devoted to the threats posed to the security of Internet users resulting from the abuse of copyright, which is referred to in the literature as copyright trolling. This phenomenon violates the security of ordinary Internet users who, intimidated by the prospect of having to pay high compensation or disclosing compromising facts (e.g., watching pornographic films), incur unjustified expenses in order to avoid the threat of a lawsuit. The authors of the present study demonstrated that the behavior of companies that engage in copyright trolling inhibits users from harnessing IP and in exercising their fundamental rights (e.g., the right to information, access to cultural goods, freedom of expression, etc.). The evidence that this phenomenon has been recognized as dangerous is provided by the legal regulations adopted in US law and the stance of European courts, which have submitted preliminary questions to the CJEU in this regard. The content of the study includes a description of various activities pursued by entities that employ copyright trolling and their impact on the copyright market. The article also reveals conclusions resulting from the comparison of legal solutions applied in EU and US law, aimed at combating the described phenomenon and its effect on Internet users’ legal and economic security.