Download or read book The Law of Contributory Liability on the Internet written by Berrak ç-Gelgeç and published by . This book was released on 2023-04-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contributory liability of Internet intermediaries that arises from trademark infringements committed by third parties on the Internet, providing a comprehensive analysis of the law applicable to the matter in an EU context. It also considers the applicable laws of Germany and England to demonstrate how the rules are implemented in national laws, as the current state of the law is two-tiered. In providing a framework of the law applicable to online contributory trademark liability, the book also addresses ongoing and emerging issues that are specific to trademark law and proposes specific solutions to the issues arising in the context of online contributory trademark liability. The liability of Internet intermediaries has been a popular and lively subject from different substantive rights' angles. However, trademark law has not received a great deal of attention from either scholars or legislators. As such, this book fills a gap in the literature by undertaking a trademark-specific examination, and will be of great interest to all those involved in the research and legal practice of trademark law.
Download or read book The Law of Contributory Liability on the Internet written by Berrak Genç-Gelgeç and published by Cambridge Scholars Publishing. This book was released on 2022-01-10 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contributory liability of Internet intermediaries that arises from trademark infringements committed by third parties on the Internet, providing a comprehensive analysis of the law applicable to the matter in an EU context. It also considers the applicable laws of Germany and England to demonstrate how the rules are implemented in national laws, as the current state of the law is two-tiered. In providing a framework of the law applicable to online contributory trademark liability, the book also addresses ongoing and emerging issues that are specific to trademark law and proposes specific solutions to the issues arising in the context of online contributory trademark liability. The liability of Internet intermediaries has been a popular and lively subject from different substantive rights’ angles. However, trademark law has not received a great deal of attention from either scholars or legislators. As such, this book fills a gap in the literature by undertaking a trademark-specific examination, and will be of great interest to all those involved in the research and legal practice of trademark law.
Download or read book Reconsidering the Law of Contributory Liability on the Internet written by Berrak Genc and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries Part I written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Seng seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the first consisting of a “Survey of National Legislation and Jurisprudence on the Liability of Internet Intermediaries in the Field of Copyright and Related Rights”, covering 30 jurisdictions.
Download or read book Intellectual Property Liability of Consumers Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.
Download or read book Secondary Liability of Internet Service Providers written by Graeme B. Dinwoodie and published by Springer. This book was released on 2017-06-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
Download or read book Rethinking Cyberlaw written by Jacqueline Lipton and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries Part 2 written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-12-07 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Fernández-Diéz seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the second containing a conclusion resulting from the Survey (first part) which defines trends and commonalities in the treatment of the responsibility of Internet intermediaries.
Download or read book Internet Intermediaries and Copyright Law written by Stefan Kulk and published by Kluwer Law International B.V.. This book was released on 2019-10-02 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
Download or read book New Challenges of Chinese Copyright Law in the Digital Age written by Seagull Haiyan Song and published by Kluwer Law International B.V.. This book was released on 2011-11-04 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the ‘fair use’ versus ‘fair dealing’ copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime. Among the important aspects covered are the following: secondary liability theories worldwide, including contributory liability, vicarious liability, inducement liability and joint liability; legislative and technology responses to online piracy: “graduated response” program and fingerprint filtering technology; pros and cons of the fair-use doctrine v. fair-dealing doctrine; different outcomes of the Google litigation worldwide; copyrightability of sports telecasts; China’s strategy in combating online piracy of live sports telecasts during the 2008 Beijing Summer Olympic Games.
Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by . This book was released on 2016 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A New Framework for Intermediary Liability written by Kylie Pappalardo and published by Edward Elgar Publishing. This book was released on 2023-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services. This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary's actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers. With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.
Download or read book Cyberspace Law written by Raymond S. R. Ku and published by Aspen Publishing. This book was released on 2020-02-04 with total page 1741 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
Download or read book Peer to peer File Sharing and Secondary Liability in Copyright Law written by Alain Strowel and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book that has a lot to offer. Many of its readers will benefit from the first chapters which comprehensively analyse the case law and put it in context, whilst others will benefit more from the more conceptual chapters and the criticism of certain points and suggestions for a way forward contained in them. Paul L.C. Torremans, European Intellectual Property Review This timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements. Moreover, the book includes forward-looking contributions of prominent academics from the USA and the EU, which provide original perspectives on the future shape of online copyright law, looking at questions such as whether it could or even should evolve towards a compensation system. By combining these different avenues, the book will be of particular interest to practitioners, academics, researchers and legal scholars involved in the field of copyright law.
Download or read book Intellectual Property Liability of Consumers Facilitators and Intermediaries written by Irene Calboli and published by . This book was released on 2013 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Chapter addresses the uncertainty and the still unclear judicial standards for assessing contributory trademark infringement in the United States. The Chapter proceeds as follows. Part II outlines the developments of the doctrine of contributory trademark infringement, first in the brick-and-mortar world and subsequently in the online context. Based upon this analysis, Part III criticizes the uncertainty that surrounds the application of the judicial standards to determine contributory infringement, particularly in the online market place. Part III also attempts to provide some explanations for the current judicial decisions and highlights that courts seem to apply a “we know it when we see it” standard to identify contributory trademark infringers. Notably, Part III states that courts seem to distinguish between intermediaries who acted in “good faith” and who are generally not held liable for contributory infringement, and intermediaries who acted in “bad faith” and profited from the infringement, and who are held liable for contributory infringement. Part III concludes that although this judicial line of reasoning may prevent broader liability for “good” intermediaries, all intermediaries and legal operators would benefit from a clearer interpretation of the current standards in this important area of trademark law.
Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford University Press. This book was released on 2020-05-04 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
