Beyond accusations of encouraging copyright infringement, film companies have begun accusing VPNs of enabling a slew of illegal activity.
That lawsuit largely centered around LiquidVPN’s fiery marketing practices and claimed that the VPN is “optimized for torrenting” and lets you “unblock ISP banned streams.” These tactics, the studios argued, encouraged illicit use of the service by those willing to bypass legal restrictions around accessing online content. They might be right.
According to the Electronic Frontier Foundation , an internet civil liberties group, Hollywood’s demands are “extreme and not supported by law.” But VPNs are also treading into dangerous territory through their marketing tactics.should have had a legal responsibility to monitor what their customers were doing with the service, to see if copyright infringement was going on,” says Mitch Stoltz, a senior staff attorney at EFF.
Stoltz warns, however, that bold marketing language used by VPNs, such as LiquidVPN’s “optimized for torrenting” claim, can very well be considered “inducement” in a legal context and incur liability for copyright infringement. Fearing the possibility of heavy monetary damages, VPN providers may instead choose to shut down some of their services or settle out of court.
“In contrast, a VPN that doesn’t advertise or encourage infringing uses generally won’t be liable in court even if some users do infringe,” says Stoltz. “That’s an important legal protection for VPN providers, who provide an important service that would be undermined if they were faced with broad monitoring and blocking requirements.”
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