A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through strategic litigation,[1] in a manner considered unduly aggressive or opportunistic, sometimes without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.[2]
Both the term and the concept of a copyright troll began to appear in the mid-2000s. It derives from the pejorative "patent trolls", which are companies that enforce patent rights to earn money from companies that are selling products, without having products of their own for sale.[3] It is distinguished from organizations such as ASCAP, which collect royalties and enforce copyrights of their members.[3]
- ^ a b Aaron Moss (2021-08-23). "Are Courts Finally Getting Fed Up With Copyright Shakedowns?". Retrieved 2021-09-15.
Liebowitz is probably the best known example of a copyright troll, a moniker that one circuit court defined as a someone who brings "strategic infringement claims of dubious merit in the hope of arranging prompt settlements with defendants who would prefer to pay modest or nuisance settlements rather than be tied up in expensive litigation."
- ^ Rangnath, Rashmi (2008-01-29). "What a copyright troll looks like". Public Knowledge. Archived from the original on 2017-06-07.
{{cite web}}: CS1 maint: unfit URL (link) - ^ a b Horton Rockafellow, Caroline (2006-11-23). "Copyright Trolls - A Different Embodiment of the Patent Troll?". Archived from the original on 2009-01-15. Retrieved 2010-09-03.