The Copyright Infringement Liability Of Online And Internet Service Providers
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The Copyright Infringement Liability Of Online And Internet Service Providers
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1998
The Copyright Infringement Liability Of Online And Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Computers categories.
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.
New Challenges Of Chinese Copyright Law In The Digital Age
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Author : Seagull Haiyan Song
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-11-04
New Challenges Of Chinese Copyright Law In The Digital Age written by Seagull Haiyan Song 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 2011-11-04 with Law categories.
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.
Intellectual Property Liability Of Consumers Facilitators And Intermediaries
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-10-01
Intellectual Property Liability Of Consumers Facilitators And Intermediaries written by Christopher Heath 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 2012-10-01 with Law categories.
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.
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.
Internet Intermediaries And Copyright Law
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Author : Stefan Kulk
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-02
Internet Intermediaries And Copyright Law written by Stefan Kulk 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 2019-10-02 with Law categories.
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.
The Copyright Infringement Liability Of Online And Internet Service Providers
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1998
The Copyright Infringement Liability Of Online And Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Computers categories.
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.
Intellectual Property On The Internet
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2002
Intellectual Property On The Internet 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 2002 with Law categories.
Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.
Peer To Peer File Sharing And Secondary Liability In Copyright Law
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Author : Alain Strowel
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009-01-01
Peer To Peer File Sharing And Secondary Liability In Copyright Law written by Alain Strowel 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 2009-01-01 with Law categories.
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.