Download or read book Streaming and Copyright Law written by Lasantha Ariyarathna and published by Taylor & Francis. This book was released on 2022-09-05 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.

Download or read book Cyber Litigation The Legal Principles written by Dean Armstrong KC and published by Bloomsbury Publishing. This book was released on 2020-12-28 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cyber Litigation: The Legal Principles brings together the existing legal principles in this rapidly developing area of law whilst at the same time considering the latest challenges facing practitioners and corporate advisers. The authors have surveyed the legal landscape to identify bespoke approaches to the issues involved. The book looks at the most common causes of action in cyber litigation, including 'cybercrime', IP, data protection breaches, and conflict of laws considerations. It analyses the situations where cyber-related litigation requires a new approach and looks at the remedies available. It covers cyber litigation and regulatory enforcement action, as well as alternatives to litigation such as the NCA Prevent scheme, Deferred Prosecution Agreements and Civil Recovery. It describes situations where arbitration or mediation are mandated, as well as online dispute resolution and technology powered alternatives to traditional determination. Readers will benefit from the use of flowcharts, tables, checklists and case studies to provide a clear understanding of the processes involved, as well as legal analysis of significant cases, an insight into what constitutes 'data', and legal analysis and commentary on potential legal arguments that may arise in cyber litigation. Cyber Litigation: The Legal Principles is an essential title for all practitioners involved in commercial disputes, information technology professionals, data protection officers, compliance staff and technologists with a legal interest.

Download or read book The Exploitation of Intellectual Property Rights written by Jens Schovsbo and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This perceptive book focuses on the interplay between the substantive provisions of intellectual property (IP) rights and the rules of enforcement. Featuring contributions from internationally recognised IP scholars, the book investigates different methods of ensuring that IP contractual and enforcement practices support the overall goals of the IP system.

Download or read book Injunctions Against Intermediaries in the European Union written by Martin Husovec and published by Cambridge University Press. This book was released on 2017-11-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

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 Cambridge Intellectual Property and Information Law Injunctions Against Intermediaries in the European Union written by Husovec, Martin and published by Cambridge University Press. This book was released on with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Regulation of Cyber Attacks written by Ioannis Iglezakis and published by Kluwer Law International B.V.. This book was released on 2020-03-19 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated edition of a well-known comprehensive analysis of the criminalization of cyberattacks adds important new guidance to the legal framework on cybercrime, reflecting new legislation, technological developments, and the changing nature of cybercrime itself. The focus is not only on criminal law aspects but also on issues of data protection, jurisdiction, electronic evidence, enforcement, and digital forensics. It provides a thorough analysis of the legal regulation of attacks against information systems in the European, international, and comparative law contexts. Among the new and continuing aspects of cybersecurity covered are the following: the conflict of cybercrime investigation and prosecution with fundamental rights to privacy and freedom of expression; the 2016 Directive on security of network and information systems (NIS Directive); the General Data Protection Regulation (GDPR); the role of national computer security incident response teams (CSIRTs); the European Union (EU) response to new technologies involving payment instruments, including virtual currencies and digital wallets; the EU Commission’s legislative proposals to enhance cross-border gathering of electronic evidence; internet service providers’ role in fighting cybercrime; measures combatting identity theft, spyware, and malware; states and legal persons as perpetrators of cybercrime; and the security and data breach notification as a compliance and transparency tool. Technical definitions, case laws, and analysis of both substantive law and procedural law contribute to a comprehensive understanding of cybercrime regulation and its current evolution in practice. Addressing a topic of growing importance in unprecedented detail, this new edition of a much-relied-upon resource will be welcomed by professionals and authorities dealing with cybercrime, including lawyers, judges, academics, security professionals, information technology experts, and law enforcement agencies.

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016-06-30 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, 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 liability, privacy, and online regulation.

Download or read book Injunctions in Patent Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-05-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents are important tools for innovation policy. They incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are important tools of their enforcement. Much has been written about different aspects of the patent system, but the issue of injunctions is largely neglected in the comparative legal literature. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions: Europe, the United States, Canada, and Israel. The chapters provide in-depth explanation of how and why national judges provide for or reject flexibility and tailoring of injunctive relief. With its transatlantic and intra- European comparisons, as well as a policy and theoretical synthesis, this is the most comprehensive overview available for practicing attorneys and scholars in patent law. This book is also available as Open Access on Cambridge Core.

Download or read book Regulating Industrial Internet Through IPR Data Protection and Competition Law written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2019-08-28 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.

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 Cyber Risks and Insurance The Legal Principles written by Dean Armstrong KC and published by Bloomsbury Publishing. This book was released on 2021-07-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?

Download or read book Contemporary Intellectual Property written by Abbe Brown and published by Oxford University Press, USA. This book was released on 2019 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique perspective on intellectual property law. It examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come.

Download or read book Human Rights Digital Society and the Law written by Mart Susi and published by Routledge. This book was released on 2019-05-31 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect – human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals’ civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Download or read book Patents Trademarks and Copyrights Protecting Creative Assets written by Prof. Gururaj Devarhubli and published by Inkbound Publishers. This book was released on 2022-09-05 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protect your creative assets with this detailed guide to intellectual property law. Covering patents, trademarks, and copyrights, this book provides essential information for creators and businesses looking to safeguard their innovations and brands.

Download or read book A Guide to Trade Mark Law and Practice in Ireland written by Helen Johnson and published by Bloomsbury Publishing. This book was released on 2023-05-11 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducing the practice and procedure of trade marks in Ireland and at the EU Intellectual Property Office (EUIPO), this book steers clear of confusing legal jargon, explaining the main trade mark principles clearly and concisely. Several new chapters have been added to the Second Edition, addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. Recent Irish legislation is also covered: - European Union (Trade Marks) Regulations 2018 (SI 561/2018) - Trade Marks (Amendment) Rules 2018 (SI 562/2018) - Trade Marks Act 1996 (Community Trade Mark) (Amendment) Regulations 2018 (SI 563/2018) - Trade Marks (Amendment) Rules 2019 (SI 588/2019 and 628/2019) - Copyright and Other Intellectual Property Law Provisions Act 2019 - Public Health (Standardised Packaging of Tobacco) Act 2015 Notable authorities are also considered, such as: - Galway Free Range Eggs Ltd v O' Brien and Ors [2016] IEHC 249 - Nutrimedical BV & anor v Nualtra Ltd [2016] IEHC 261; [2017] IEHC 253 - Aldi v Dunnes Stores [2019] IESC 41 - Cartier International & Ors v British Sky Broadcasting Limited & Ors [2014] EWHC 3354 (Ch), [2016] EWCA Civ 658 and [2018] UKSC 28 - Sky Ltd & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch) and [2021] EWCA Civ 1121 - Aviareto Ltd v Global Closing Room Ltd [2021] IEHC 377 This is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.