After twenty years: Revisiting copyright liability of online intermediaries

After Twenty Years is the title of a classic short story written by O. Henry and tells the story of Bob and Jimmy, old friends who have promised to meet after twenty years. The night of the meeting, Jimmy, who in the interim has become a police officer, watches Bob from the side. Under the light of the cigarette, Jimmy sees Bob and recognises the face of a wanted criminal. Instead of showing up for the reunion, Jimmy sends the police to arrest Bob. Similarly, with the story as it plays out above, the twenty years that have passed since the first copyright lawsuit was filed against an online intermediary in the United States have seen many changes in the nature of the characters as they were then and now. As is the case for Bob and Jimmy, these changes have myriad ramifications. In our story of copyright liability of online intermediaries, this requires a reconsideration of the underlying assumption that providing immunity for online intermediaries suffices to secure the free flow of information and the freedoms of online users.