Probably the most fundamental change in the Web over the last 10 years has been the rise of “user generated content,” that is, the shift from websites that present packaged content created or controlled by the website owner, to websites that are essentially services for publishing content uploaded by others. In the Web context, user-generated content (UGC) includes anything available on a website that does not originate with the website owner. A tweet, a blog entry, a Facebook posting, a Wikipedia entry, a YouTube videoall of these are examples of UGC, and all of the underlying services rely on UGC to drive their revenue streams.
These services certainly add enormous value to the Web (everyday experience and their market valuations reflect that), but they also present substantial intellectual property challenges. The fact is that not all UGC is owned by the user who uploads it, and the question of who should be responsible for infringing content posted to a UGC service is one that has occupied courts and litigants since the dawn of the public Internet.
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