NYIPLA Presidents' Forum: Online Platform Liability

Event Date
  • 12/5/2019   4:15 PM - 7:30 PM
    Please arrive early for registration
  • Thurgood Marshall US Courthouse
    40 Foley Square
    Conference room 145
    New York, New York 10007

There will be no onsite registration for this forum.

---By invitation only---





The Presidents’ Forum is a town-hall style meeting, in which a group of discussion leaders (Honorable Richard Sullivan, United States Court of Appeals for the Second Circuit; Deputy Director Derek Benner, U.S. Immigration and Customs Enforcement; Professor Eric Goldman, Santa Clara University School of Law; Professor Felix Wu, Benjamin N. Cardozo School of Law; Ronald Chillemi, Senior Vice President and Senior Counsel, Business Affairs, Fanatics, Inc.), and 25 invited members of NYIPLA come together to discuss a topic. 

In recent years, we have explored various patent law policy issues. The topic of our Forum this year is Online Platform Liability, specifically addressing:  

Are legislative changes in treatment of liability of online platforms needed? There have been increasing attempts to hold platforms liable for the sale of dangerous products and a few cases suggesting that product liability may in some circumstances attach to an online retailer selling defective products.  Should online responsibility for products that infringe IP be treated differently?  Is there a reason for a DMCA in the copyright context and no corresponding law in the trademark context?  Do trademark takedown procedures work well even without a corresponding DMCA? Does the DMCA work the way it should? What should or can we do to keep the development of online platforms robust and competitive, while also setting guiderails for handling bad actors? Section 230 of the Communications Decency Act provides immunity to platforms hosting third party content (except for IP) – is it still needed and viable?


Thursday, December 5, 2019, 4:15 PM – 7:30 PM Presentation followed by Reception
Thurgood Marshall US Courthouse, 40 Foley Square, NYC - conference room 145

Coordinated by the NYIPLA Presidents' Forum Project Team:
Kathleen McCarthy, Robert Rando, Chris Israel