Comparative Analysis Of National Approaches Of The Liability Of The Internet Intermediaries Part 2
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Comparative Analysis Of National Approaches Of The Liability Of The Internet Intermediaries Part 2
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2016-12-07
Comparative Analysis Of National Approaches Of The Liability Of The Internet Intermediaries Part 2 written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-07 with Law categories.
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.
Comparative Analysis Of National Approaches Of The Liability Of The Internet Intermediaries Part I
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2016-11-28
Comparative Analysis Of National Approaches Of The Liability Of The Internet Intermediaries Part I written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-28 with Law categories.
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.
Secondary Liability Of Internet Service Providers
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Author : Graeme B. Dinwoodie
language : en
Publisher: Springer
Release Date : 2017-06-28
Secondary Liability Of Internet Service Providers written by Graeme B. Dinwoodie and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-28 with Law categories.
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.
European Intermediary Liability In Copyright A Tort Based Analysis
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Author : Christina Angelopoulos
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-15
European Intermediary Liability In Copyright A Tort Based Analysis written by Christina Angelopoulos and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-15 with Law categories.
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.
Fostering Freedom Online The Role Of Internet Intermediaries
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Author : MacKinnon, Rebecca
language : en
Publisher: UNESCO Publishing
Release Date : 2015-01-29
Fostering Freedom Online The Role Of Internet Intermediaries written by MacKinnon, Rebecca and has been published by UNESCO Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-29 with Computer networks categories.
Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.
Oxford Handbook Of Online Intermediary Liability
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Author : Giancarlo Frosio
language : en
Publisher: Oxford Handbooks
Release Date : 2020
Oxford Handbook Of Online Intermediary Liability written by Giancarlo Frosio and has been published by Oxford Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Oxford Handbook Of Online Intermediary Liability
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Author : Giancarlo Frosio
language : en
Publisher: Oxford University Press
Release Date : 2020-05-04
Oxford Handbook Of Online Intermediary Liability written by Giancarlo Frosio and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-04 with Law categories.
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.
Internet Service Provider Liability For Copyright And Trade Mark Infringement
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Author : Zoi Krokida
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-06-16
Internet Service Provider Liability For Copyright And Trade Mark Infringement written by Zoi Krokida and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-16 with Law categories.
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.
Public Rights
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Author : Graham Greenleaf
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Public Rights written by Graham Greenleaf and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
This comprehensive international and comparative account reconceptualises the public domain, providing new insights into copyright and copyright law reform.
Challenges Of Information Management Beyond The Cloud
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Author : John N. Gathegi
language : en
Publisher: Springer
Release Date : 2014-11-11
Challenges Of Information Management Beyond The Cloud written by John N. Gathegi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-11 with Language Arts & Disciplines categories.
This book constitutes the refereed proceedings of the 4th International Symposium on Information Management in a Changing World, IMCW 2013, held in Limerick, Ireland, in September 2013. The 12 revised full papers presented together with three keynotes were carefully reviewed and selected from 31 submissions. The papers deal with the following topics: Cloud Architectures and Cultural Memory; Cloud Computing Beyond the Obvious: An Approach for Innovation; Cloud Computing: A New Generation of Technology Enables Deeper Collaboration; Evaluation of Conditions Regarding Cloud Computing Applications in Turkey, EU and the USA; Trustworthy Digital Images and the Cloud: Early Findings of the Records in the Cloud Project; Cloud Computing and Copyright: New Challenges in Legal Protection? Clouding Big Data: Information Privacy Considerations; The Influence of Recent Court Cases Relating to Copyright Changes in Cloud Computing Services in Japan; Government Participation in Digital Copyright Licensing in the Cloud Computing Environment; Evaluation of Information Security Approaches: A Defense Industry Organization Case; Information-Seeking Behavior of Undergraduate, Graduate, and Doctoral Students: A Survey of Istanbul University, Turkey; Students Readiness for E-Learning: An Assessment on Hacettepe University Department of Information Management; Evaluation of Scientific Disciplines in Turkey: A Citation Analysis Study.