Injunctions Against Intermediaries In The European Union
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Injunctions Against Intermediaries In The European Union
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Author : Martin Husovec
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
Injunctions Against Intermediaries In The European Union written by Martin Husovec 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 2017-11-30 with Law categories.
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
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.
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.
A New Framework For Intermediary Liability
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Author : Kylie Pappalardo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02
A New Framework For Intermediary Liability written by Kylie Pappalardo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.
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.
Eu Internet Law
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Author : Andrej Savin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Eu Internet Law written by Andrej Savin and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This extensively revised and updated third edition of EU Internet Law offers a state of the art overview of the key areas of EU Internet regulation, as well as a critical evaluation of EU policy-making and governance in the field. It provides an in-depth analysis of the ways in which relevant legal instruments interact, as well as comparative discussions contrasting EU and US solutions.
The Eu Digital Services Act Dsa
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Author : Milos Novovic
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-08-14
The Eu Digital Services Act Dsa written by Milos Novovic 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 2024-08-14 with Law categories.
The EU Digital Services Act (DSA) provides a comprehensive framework regulating the provision of digital intermediary services in the EU internal market. It clarifies the conditions under which service providers can avoid being held liable for their users’ illegal content, establishes a set of harmonized duties they must follow, and sets broad safeguards for users’ rights. As an extensive article-by-article commentary, this book offers a comprehensive guide to the complex web of the DSA’s tightly intertwined provision. On a systemic level, it also contextualizes the DSA by exploring its relationship to other relevant legal instruments, such as those related to consumer protection, data protection, and private international law. Among the topics and issues addressed are the following: Liability and Content Moderation liability of online services which transmit, cache, or store illegal user content; rules on removing, reducing visibility of, or otherwise moderating content which is illegal or breaches terms of service; and acting against user content based on own investigations, governmental orders, or received notices, and rights and redress possibilities given to users. Service-Specific Obligations rules affecting profiling-based advertising, content recommendation systems, and user interface design; duties of platforms which disseminate user content, obligations of online consumer marketplaces, and exemptions for micro and small enterprises; novel transparency reporting duties, publication of databases and reports, and provision of access to platform data and algorithms; and duties of very large online platforms and search engines. Enforcement Framework competencies, tasks and powers of authorities and the EU Commission to monitor compliance, investigate infringements and impose sanctions; national, cross-border and European coordination, cooperation and enforcement mechanisms; and issues of jurisdiction and applicable law, and duties of providers established outside of the EU. Given the DSA’s scope, this book will be relevant to businesses of any size that handle user content. It will also be of great value to a broad audience of legal practitioners, public officials, civil society stakeholders, researchers, and content creators. All professionals working with user content management issues can use this book to gain valuable compliance insights.
Internet Intermediaries And Trade Mark Rights
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Author : Althaf Marsoof
language : en
Publisher: Routledge
Release Date : 2019-06-05
Internet Intermediaries And Trade Mark Rights written by Althaf Marsoof and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-05 with Law categories.
Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.
Governance Of Digital Single Market Actors
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Author : Katja Weckström
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-05-14
Governance Of Digital Single Market Actors written by Katja Weckström and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-14 with Law categories.
This book explores the digital future of the EU, critically analysing the governance of digital single market actors and the platform economy. It discusses notions of freedom, responsibility and accountability, examining the circulation of unlawful content through the broad lens of digital governance. This title contains one or more Open Access chapters.
The Routledge Handbook Of Eu Copyright Law
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Author : Eleonora Rosati
language : en
Publisher: Routledge
Release Date : 2021-04-21
The Routledge Handbook Of Eu Copyright Law written by Eleonora Rosati and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-21 with Law categories.
The Routledge Handbook of EU Copyright Law provides a definitive survey of copyright harmonization in the European Union, capturing the essential and relevant issues of this relatively recent phenomenon. Over the past few years, two themes have emerged: on the one hand, copyright policy and legislative initiatives have intensified; on the other hand, the large number of references to the Court of Justice of the European Union has substantially shaped the EU copyright framework and, with it, the copyright framework of individual EU Member States. This handbook is a detailed reference source of original contributions which analyze and critically evaluate the state of EU copyright law with a view to detecting the key trends and patterns in the evolution of EU copyright, weighing the benefits and disadvantages of such evolution. It covers a broad range of topics through clusters focused on: the history and approaches to EU copyright harmonization; harmonization in the areas of exclusive rights, exceptions and limitations, and enforcement; copyright policy and legacy of harmonization. With contributions from a selection of highly regarded and leading scholars in this field, the Routledge Handbook on European Copyright Law is an essential resource for students and scholars who are interested in the field of copyright law.
The Responsibility Of Online Intermediaries For Illegal User Content In The Eu And The Us
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Author : Folkert Wilman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
The Responsibility Of Online Intermediaries For Illegal User Content In The Eu And The Us written by Folkert Wilman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.