Internet Service Provider Liability For Copyright And Trade Mark Infringement
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Author | : Zoi Krokida |
Publisher | : Bloomsbury Publishing |
Total Pages | : 416 |
Release | : 2022-06-16 |
Genre | : Law |
ISBN | : 1509948546 |
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.
Author | : Graeme B. Dinwoodie |
Publisher | : Springer |
Total Pages | : 393 |
Release | : 2017-06-28 |
Genre | : Law |
ISBN | : 3319550306 |
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.
Author | : Zoi Krokida |
Publisher | : Bloomsbury Publishing |
Total Pages | : 359 |
Release | : 2022-06-16 |
Genre | : Law |
ISBN | : 1509948538 |
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.
Author | : Althaf Marsoof |
Publisher | : |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Intellectual property |
ISBN | : 9780815382461 |
At present, neither UK trade mark law nor English common law principles provide a basis to hold internet intermediaries liable for trade mark infringements. This book considers reforms aimed at gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions.
Author | : Jaani Riordan |
Publisher | : Oxford University Press |
Total Pages | : 705 |
Release | : 2016-06-30 |
Genre | : Law |
ISBN | : 0191030465 |
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.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 142 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9280511432 |
Report ... addresses the far-reaching impact that digital technologies, the Internet in particular, have had on intellectual property (IP) and the international IP system.
Author | : Giancarlo Frosio |
Publisher | : Oxford Handbooks |
Total Pages | : 801 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198837135 |
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.
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 128 |
Release | : 1998 |
Genre | : Computers |
ISBN | : |
Author | : Aaron Schwabach |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 386 |
Release | : 2014-01-15 |
Genre | : Computers |
ISBN | : 1610693507 |
The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty. Internet and the Law: Technology, Society, and Compromises, Second Edition is the go-to source for anyone who needs clear explanations of complex legal concepts related to online practices and content. This wide-ranging, alphabetical reference explores diverse areas of law, including territorial jurisdiction and taxation, that are relevant to or affected by advances in information technology and the rise of the Internet. Particular emphasis is placed on intellectual property law and laws regarding freedom of expression. The Internet, as this book shows, raises questions not only about how to protect intellectual creations, but about what should be protected. Entries also discuss how the Web has brought First Amendment rights and free expression into question as society grapples with attempts to control "leaks" and to restrict content such as pornography, spam, defamation, and criminal speech.
Author | : United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights |
Publisher | : DIANE Publishing |
Total Pages | : 264 |
Release | : 1995 |
Genre | : Copyright |
ISBN | : 0788124153 |
This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.