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Intellectual Property

Oct. 7, 2024

Copyright trolls exploit the threat of litigation to extract quick settlements

Contemporary reports indicate that copyright trolling undermines the purpose of copyright law, prompting calls for Congress to address the issue.

John H. Minan

Emeritus Professor of Law University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

Shutterstock

The "Three Billy Goats Gruff" folktale involves three goats trying to pass over a bridge to get to greener pastures. Under the bridge lives a scary troll who threatens to eat those who try to pass. This childhood story is an apt metaphor for copyright trolling in the digital era where everything, including photographs, is easily and "innocently" available to be copied.

The "copyright troll" uses the threat of litigation to coerce a quick settlement from...

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