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Indirect Copyright Infringement Liability For An Isp
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Book Synopsis Indirect Copyright Infringement Liability for an ISP by : Richard Watt
Download or read book Indirect Copyright Infringement Liability for an ISP written by Richard Watt and published by . This book was released on 2019 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under current copyright law in many countries, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). We specify the contracts that are self-selecting and incentive compatible for the set of feasible scenarios.
Book Synopsis Indirect Copyright Infringement Liability for ISPs and the Economics of Contracts Under Asymmetric Information by : Richard Watt
Download or read book Indirect Copyright Infringement Liability for ISPs and the Economics of Contracts Under Asymmetric Information written by Richard Watt and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under current copyright law, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). The self-selecting, incentive compatible equilibrium is found for the feasible scenarios that may present themselves.
Book Synopsis ISP Indirect Copyright Liability Regime by : Weixiao Wei
Download or read book ISP Indirect Copyright Liability Regime written by Weixiao Wei and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ISPs' indirect copyright liability permits regulation where traditional legislation fails to meet requirements of copyright protection in a new digital environment, and makes a third party possibly to prevent or decrease the risk of copyright infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs' liability for fierce copyright infringement committed by their users over the Internet in most of the jurisdictions, the strength of this liability regime is still being challenged. Some argued that imposing indirect liability on the ISPs may lead to ISPs' over-zealous censorship and thereby decrease or limit free access to copyright materials. Meanwhile, the ISPs also argued that it is unfair for them to bear the full social costs generated by their users' unlawful activities, merely because they are providing facilities and services. So far, dozens of studies have been produced to criticise those arguments and justify ISPs' indirect copyright liability from legal point of view; however, less attention has been paid to the economic implication of ISPs' indirect copyright liability and the significance it achieves at the confluence of law and economics. Utilizing an evaluation criterion: economic efficiency-Hicks-Kaldor criterion and a simple economic model: cost-benefit analysis, both are drawn from the theory of economics, this paper examines economic strength of indirect liability regime in the context of ISPs' liability for online copyright infringement. It employs a string of relevant cases against those who allegedly facilitate copyright infringements to compare the costs and benefits of ISPs' indirect copyright liability and also three applications of it including vicarious liability, contributory liability and inducement liability. The paper finally concludes that only ISPs' indirect copyright liability regime shaped by the technology through the development of the Internet is the most efficient liability regime to tackle extensive online copyright infringements and bring long term social welfare to the society. This paper was presented at the 23rd BILETA Annual Conference 2008 on March, 2008, and it has been published in the conference proceeding of the 23rd BILETA Annual Conference 2008.
Book Synopsis Internet Service Provider Liability for Copyright and Trade Mark Infringement by : Zoi Krokida
Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Copyright Infringement Liability of Online and Internet Service Providers by : United States. Congress. Senate. Committee on the Judiciary
Download or read book The Copyright Infringement Liability of Online and Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Regulating Hosting ISPs’ Responsibilities for Copyright Infringement by : Jie Wang
Download or read book Regulating Hosting ISPs’ Responsibilities for Copyright Infringement written by Jie Wang and published by Springer. This book was released on 2018-03-19 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.
Book Synopsis The Relationship Between the ISP Safe Harbors and the Ordinary Rules of Copyright Liability by : R. Anthony Reese
Download or read book The Relationship Between the ISP Safe Harbors and the Ordinary Rules of Copyright Liability written by R. Anthony Reese and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998, Congress added Section 512 to the U.S. Copyright Act, creating a set of safe harbors that protect online service providers (OSPs), under certain conditions, from liability for copyright infringement that might occur in the course of specified online activities. Some commentators have viewed two of these safe harbors, sections 512(c) and 512(d), as departing from the ordinary copyright regime by protecting OSPs from claims of direct infringement by the OSP itself, but following the ordinary copyright regime by allowing secondary liability claims against an OSP for infringements committed by users of the OSP's services. This Article suggests that this view is not entirely accurate. Part I suggests that the safe harbors' statutory protection for OSPs against direct infringement claims may not be particularly significant, because ongoing judicial development applying copyright law to conduct unprotected by the safe harbors suggests that an OSP's potential direct infringement liability for its routine functions may not be particularly great. Part II compares the elements of common law copyright claims for contributory infringement and vicarious liability with the provisions of sections 512(c) and 512(d) that disqualify an OSP from a safe harbor based either on its level of knowledge about, or control over, a user's infringing activity. Although the conditions that an OSP must meet to qualify for these safe harbors closely parallel the elements of the common law secondary liability claims, they differ in subtle but important ways. As a result, in some instances the safe harbors will insulate an OSP from secondary liability claims that would, in the absence of section 512, succeed. The Article therefore concludes that the section 512 safe harbors may be more valuable to OSPs facing secondary liability claims than they initially appear, and less valuable to those facing direct infringement claims.
Book Synopsis When Should the Bell Toll? The Economics of New Zealand's Debate on Indirect Liability for Internet Copyright Infringement by : Alan E. Woodfield
Download or read book When Should the Bell Toll? The Economics of New Zealand's Debate on Indirect Liability for Internet Copyright Infringement written by Alan E. Woodfield and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article evaluates proposed changes to New Zealand's copyright legislation in respect of potential secondary liability for copyright infringement by Internet service providers. Minor changes were envisaged in order to align the legislation with new international standards, with limitation of ISP liability along the lines of the UK Electronic Commerce Regulations 2002 recommended. Both zero liability and strict liability for web-hosting ISPs are correctly rejected, but the proposed uniform regulatory approach provides limited incentives for ISP monitoring effort and while proposed knowledge-based standards should largely prevent excessive permanent removal of legitimate material, the constructive knowledge test may be insufficient to encourage the removal of many infringing items. The counter-notification procedure may not prevent liability-conscious ISPs from removing excessive legitimate material on a temporary basis, and more radical solutions involving ISP purchase of their subscribers' posted material or compulsory ISP purchase of copyrights did not feature. The design of optimal copyright law is fraught with difficulties, however, and the Ministry's consultative processes and careful deliberations have done much to maintain a reasonable balance between the conflicting interests concerned.
Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua
Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.
Book Synopsis Sponsored Links and Trademark Infringement by : Daniel Kalisch
Download or read book Sponsored Links and Trademark Infringement written by Daniel Kalisch and published by GRIN Verlag. This book was released on 2011-08-24 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 16/20 , Leuven Catholic University (Faculty of Law), course: LL.M. Program, European IP Law & Business Law, language: English, abstract: ISP’s legal liability under trademark law with regards to Keyword Advertising is not well developed in literature and jurisdiction. Despite some few judgments in this field, it is obvious that also in other areas of law national courts do mainly focus on ISP’s secondary liability without any clear distinction from primary liability. There seems to be also some hesitation to base a primary liability on a failure to act. For that reasons this paper analyses primary liability of an internet reference provider like Google (TM) for Keyword Advertising under Art. 5 EU Trademark Directive taking into account not only positive activities but also a failure to act. Apart from storing Keywords and displaying ads also other contributions of Google like its Keyword Tool and approval process for ads or the ISP’s knowledge of infringements are contemplated. Starting point of the investigation is the recent decision of the ECJ to Google Adwords (TM)from 23.3.2010 where the court held that the provider can not be liable for a trademark infringement as the ISP did not use a sign itself in own commercial communication. The author goes beyond this judgment and suggests to apply this new criterion of attribution to all forms of trademark uses within the entire Art. 5 EU Trademark Directive including an omission of the provider. By establishing a link between Ecommerce Directive and Trademark Directive the writer defines the scope of trademark protection and examines some minimum requirements to identify a trademark infringement of the ISP. This is absolutely a new method as no literature exists. As a first main result it was found that Google is not directly engaged in a trademark infringement by its positive actions. By contrast, the research made clear that actual knowledge of ongoing infringements is the core element to establish a primary liability for a failure to stop or prevent trademark infringements and makes the ISP use a trademark itself in its own communication. This paper shall contribute to define a clear distinction between direct and indirect infringements and it also wants to sensitize the reader for the legal importance and consequences of actual knowledge of the ISP.
Book Synopsis Internet Law and Regulation by : Graham J. H. Smith
Download or read book Internet Law and Regulation written by Graham J. H. Smith and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Peer-to-peer File Sharing and Secondary Liability in Copyright Law by : Alain Strowel
Download or read book Peer-to-peer File Sharing and Secondary Liability in Copyright Law written by Alain Strowel and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Internet Service Providers' Vicarious Liability Versus Regulation of Copyright Infringement in China by : Ke Steven Wan
Download or read book Internet Service Providers' Vicarious Liability Versus Regulation of Copyright Infringement in China written by Ke Steven Wan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relative anonymity of individual subscribers forces copyright owners to increasingly seek to hold Internet Service Providers ('ISP') liable for the misconduct of their subscribers. ISP vicarious liability, however, also has limitations and disadvantages. There is no consensus about the scope of such liability, and ISPs are not in a good position to deter copyright infringement effectively in all contexts. Additionally, because ISP vicarious liability increases the price of Internet access, it may have an inevitable tradeoff between preventing copyright infringement and the market distortions it causes. Potential vicarious liability may drive out law-abiding subscribers as well as copyright infringers. In this situation, regulation of copyright infringement may be an appealing alternative. The purpose of the article is to provide academics and policymakers with a consistent framework for evaluating the relative desirability of ISP liability and regulation of copyright infringement. By taking China as an example, I discuss the four determinants of the framework in detail.
Book Synopsis Intellectual Property on the Internet by : World Intellectual Property Organization
Download or read book Intellectual Property on the Internet written by World Intellectual Property Organization and published by WIPO. This book was released on 2002 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.
Book Synopsis A New Framework for Intermediary Liability by : Kylie Pappalardo
Download or read book A New Framework for Intermediary Liability written by Kylie Pappalardo and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Secondary Liability of Internet Service Providers by : Graeme B. Dinwoodie
Download or read book Secondary Liability of Internet Service Providers written by Graeme B. Dinwoodie and published by Springer. This book was released on 2017-06-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Relationship Between the ISP Safe Harbors and Liability for Inducement by : R. Anthony Reese
Download or read book The Relationship Between the ISP Safe Harbors and Liability for Inducement written by R. Anthony Reese and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extent to which online service providers can be held liable for copyright infringement committed by users of their services is one of the more complicated and contentious copyright issues of our day. Courts have struggled with how to apply common-law doctrines of secondary liability to online activity. Congress has enacted, in section 512 of the Copyright Act, limitations on the liability of service providers, but conditioned those limitations on a fairly complicated set of conditions. And technology continues to evolve and to raise new questions. This Essay examines one relatively new issue concerning the interaction between Congressional and judicial developments: how do the statutory liability limitations apply to the developing cause of action for inducing copyright infringement? Part I briefly introduces both the statutory regime and inducement liability, and then examines one court's suggestion that the statute's limits simply do not apply to claims for inducement. Part II argues that it is too early in the evolution of the law of inducement to categorically deny the possibility that the statute might limit liability for at least some claims of inducement.
