The Responsibility Of Online Intermediaries For Illegal User Content In The Eu And The Us
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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 : 2020-11-19
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 2020-11-19 with categories.
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. Key features include: - discussion of the fundamental rights implications of increased intermediary responsibility - critical appraisal of the current EU system, as laid down in the e-Commerce Directive, and recommendations for reform - a detailed examination of US intermediary liability law, namely Section 230 CDA and Section 512(c) DMCA - an overview of key developments in law and in practice in relation to all types of illegal online content, including copyright-infringing content, child sexual abuse material, terrorist content and hate speech - analysis of the latest regulatory developments, including the copyright in the DSM Directive, the amended Audiovisual Media Directive and the Terrorist Content Regulation. This incisive book will be a key resource for practitioners and policy makers working on issues relating to intermediary liability and illegal online content. Deploying the relevant case law, legal literature and legislative history of the topic, it will also be of value to students and academics in the field.
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.
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.
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.
Conflict Of Laws And The Internet
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Author : Pedro De Miguel Asensio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02
Conflict Of Laws And The Internet written by Pedro De Miguel Asensio 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 2024-05-02 with Law categories.
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.
Copyright And The Court Of Justice Of The European Union
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Author : Eleonora Rosati
language : en
Publisher: Oxford University Press
Release Date : 2023-10-05
Copyright And The Court Of Justice Of The European Union written by Eleonora Rosati 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 2023-10-05 with Law categories.
First released in early 2019, Copyright and the Court of Justice of the European Union remains the only book exclusively devoted to the case law of the Court of Justice of the European Union (CJEU) in the EU copyright field. Fully updated for the new edition, the book explains the Court's role and action in the field of EU copyright law and provides readers with a sense of the direction of the Court's jurisprudence through an exercise of 'tidying up' and rationalizing the rulings issued so far. In his foreword to the first edition, First Advocate General Maciej Szpunar praised the book's 'profound analysis' of the EU copyright protection and CJEU decisions, which in his view, 'unveiled new information, perhaps never considered, even by members of the Court'. The new edition captures all the significant developments in EU copyright law that have occurred since 2019. Aside from macro-events such as the UK's now completed departure from the EU and the adoption of the Digital Single Market Directive (2019/790), seminal judgments have been issued by the CJEU which touch upon all the main foundational aspects of EU copyright. This book is structured in three parts. The first part is about the role of the CJEU as an EU institution. Following a discussion of the impact of CJEU interpretation of EU copyright provisions (notably their pre-emptive effect on individual EU Member States' freedom), the second part is concerned with CJEU action and vision in respect of four key areas of copyright and related rights: the requirements for protection, construction of exclusive rights, exceptions and limitations, and enforcement. The final part focuses on the legacy of CJEU case law broadly intended, having regard to both individual countries' copyright laws (specifically: the UK) and recent EU copyright reform discourse, notably in the context of the DSM Directive. Timely and engaging, Copyright and the Court of Justice of the European Union provides novel insights into the activity of the CJEU in the copyright field and reflects on the resulting implications for the present and future of EU copyright.
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.
Intermediary Liability And Freedom Of Expression In The Eu
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Author : Aleksandra Kuczerawy
language : en
Publisher:
Release Date : 2018
Intermediary Liability And Freedom Of Expression In The Eu written by Aleksandra Kuczerawy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Freedom of expression categories.
States increasingly delegate regulatory and police functions to internet intermediaries. This may lead to interference with the right to freedom of expression. In a time when these issues are of particular relevance, Intermediary liability and freedom of expression in the EU provides the reader with a framework to protect the freedom of expression in an online world.
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.
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 Education 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.