Quelling P2P infringement: private American harbours or public French graduations?

Two basic legal models have evolved to tackle the problem of unlawful P2P distribution: safe harbour and graduated response. This article will discuss the two models, with a focus on the American safe harbour regime and the French graduated response regime. Also considered is the open question of what will occur in Australia in the aftermath of the High Court’s denial of ISP liability in Roadshow Films v iiNet.