The Liability Of Internet Intermediaries
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The Liability Of Internet Intermediaries
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Author : Jaani Riordan
language : en
Publisher: Oxford University Press
Release Date : 2016-06-30
The Liability Of Internet Intermediaries written by Jaani Riordan 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 2016-06-30 with Law categories.
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.
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.
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.
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.
The Liability Of Internet Intermediaries
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Author : Jaani Riordan
language : en
Publisher:
Release Date : 2016
The Liability Of Internet Intermediaries written by Jaani Riordan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Intellectual property categories.
Internet Intermediaries And Copyright Law
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Author : Stefan Kulk
language : en
Publisher:
Release Date : 2019-10-02
Internet Intermediaries And Copyright Law written by Stefan Kulk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-02 with categories.
Internet Intermediaries and Copyright Law' aims to analyse whether the European Union (EU) legal framework on copyright law and intermediaries is future-proof. 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.
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.
The Liability Of Internet Intermediaries
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Author : Jaani Riordan
language : en
Publisher: Oxford University Press
Release Date : 2016-07-14
The Liability Of Internet Intermediaries written by Jaani Riordan 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 2016-07-14 with Law categories.
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.
Eu Internet Law
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Author : Tatiana-Eleni Synodinou
language : en
Publisher: Springer
Release Date : 2017-11-09
Eu Internet Law written by Tatiana-Eleni Synodinou and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-09 with Law categories.
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Fundamental Rights Protection Online
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Author : Bilyana Petkova
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Fundamental Rights Protection Online written by Bilyana Petkova 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.
Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.