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 Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.

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 Secondary Liability on the Internet written by K. A. Taipale and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines certain theoretical constructs in law, legal theory, and communications theory that relate to secondary liability and its applicability to regulating online behavior. The central thesis of this paper is that a theoretical basis for ascribing legal responsibility to third parties can be based on that party's constitutive role in enabling illegal acts of others to produce social harm. Specifically, that the provision by an Internet service provider (ISP) of access to the enabling technical infrastructure - the network medium - in itself creates a responsibility base for mitigating social harm arising from the use of that infrastructure based on the effects of the mediation in furthering or contributing to the harm. The purpose of this paper is to explore certain theoretical constructs in order to develop an analytic framework that is potentially useful in delineating the appropriate scope, and under what circumstances and rationale, legal responsibility can be ascribed to ISPs for the actions of their users. Thus, in Part I we examine the theoretical basis for legal responsibility; in Part II, we review the existing doctrines of secondary liability as applied in particular contexts, (copyright, defamation, respondeat superior) in Part III, we suggest a performative standard for assessing ISP liability; in Part IV, we develop a preliminary approach for applying a constitutive standard for third party liability to ISPs; and, in Part V, we set out areas for further development. Applying the constitutive paradigm for legal responsibility, ISPs can be ascribed liability for providing access to the network and for their user's misconduct in so far as network access (or other services) give the conduct its effect. ISPs acquire subject-responsibility by virtue of their role in enabling the condition for user misconduct and object-responsibility for the online status of their user itself. These dual responsibility relationships provide a responsibility base for the harmful affects of the user's behavior. Additionally, the possession and exercise of the power to control harmful online conduct is itself a basis for assigning responsibility for mitigating the social harm. This paper explores third party liability under various theoretical constructs, including a constitutive paradigm for responsibility, existing legal doctrines of secondary liability, and a performative evaluation of effect. In Part IV we put forward a tentative framework for applying a performative standard for constitutive responsibility on ISPs for user misconduct based on negligence. However, this paper is not intended to be a definitive statement of these issues, but rather a preliminary research agenda delineating certain areas for further exploration. Finding or developing legal theories under which to impose responsibility on third parties without creating unwanted incentives for overdeterrence of desirable conduct is a difficult task. It is our position articulated here that constitutive liability for such third parties can be imposed directly based on an understanding of the performative affect of providing services that enable user misconduct to result in social harm.

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 Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

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 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 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 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 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 A New Framework for Intermediary Liability written by Kylie Pappalardo and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 237 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.

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.

Download or read book Regulating Hosting ISPs Responsibilities for Copyright Infringement written by Jie Wang and published by Springer. This book was released on 2018-03-19 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.

Download or read book International Copyright written by Paul Goldstein and published by Oxford University Press. This book was released on 2019-08-30 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Copyright: Principles, Law, and Practice surveys and analyzes the legal doctrines affecting copyright practice around the world, in both transactional and litigation settings. It provides a step-by-step methodology for advising clients involved in exploiting creative works in or from foreign countries. Written by two of the most esteemed experts of copyright law in the United States and Europe, this volume is a unique synthesis of copyright law and practice, taking into account the Berne Convention, the TRIPs Agreement, the ongoing harmonization of copyright in the European Union, and the impact of the Internet. National copyright rules on protectible subject matter, ownership, term, and rights are covered in detail and compared from country to country, as are topics on moral rights and neighboring rights. Separate sections cover such important topics as territoriality, national treatment and choice of law, as well as the treaty and trade arrangements that underlie substantive copyright norms.

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