The Death of ‘No Monitoring Obligations’: A Story of Untameable Monsters

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Author(s): Giancarlo FrosioPublication Date: October 2, 2017Publication Type: Academic WritingIn imposing a strict liability regime for alleged copyright infringement occurring on YouTube, Justice Salomão of the Brazilian Superior Tribunal de Justiça stated that “if Google created an ‘untameable monster,’ it should be the only one charged with any disastrous consequences generated by the lack of control of the users of its websites.” In order to tame the monster, the Brazilian Superior Court had to impose monitoring obligations on YouTube. This was not an isolated case.