Ned Snow, ‘Copyright, Obscenity, and Unclean Hands’

A mouse click away, virtual pornography promises immediate satisfaction of the prurient interest. Yet the allurement of ephemeral pleasure often presents a trap for the unwary. Some copyright owners use their pornographic works solely to extract tidy sums from the ignorant and base of society. Known as ‘copyright trolls’, these copyright owners have made a business out of litigating infringement claims, and virtual pornography yields fertile ground for their money-making scheme. It starts with sex on the screen, is followed by a lawyer’s letter, and ends with money paid. Tempting, efficient, and lucrative, copyright trolling has become a booming business.

Judges detest this practice. They are offended that the judicial system is being used as a cog in the troll’s machine of litigation. What can be done? The answer lies in the equitable doctrine of unclean hands …

Snow, Ned, Copyright, Obscenity, and Unclean Hands (August 21, 2021). Baylor Law Review, volume 73, no 1, 2021.

First posted 2021-09-25 16:00:53

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