Internet Service Provider Liability for Copyright and Trade Mark Infringement

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948546
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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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.

Intellectual Property Liability of Consumers, Facilitators and Intermediaries

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141367
Total Pages : 312 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Liability of Consumers, Facilitators and Intermediaries by : Christopher Heath

Download or read book Intellectual Property Liability of Consumers, Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher : Springer
ISBN 13 : 3319550306
Total Pages : 386 pages
Book Rating : 4.3/5 (195 download)

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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 386 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.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948538
Total Pages : 359 pages
Book Rating : 4.5/5 (99 download)

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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 359 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.

Sponsored Links and Trademark Infringement

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3640991729
Total Pages : 84 pages
Book Rating : 4.6/5 (49 download)

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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 84 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.

Internet Intermediaries and Trade Mark Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351208497
Total Pages : 249 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by Routledge. This book was released on 2019-06-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

The Copyright Infringement Liability of Online and Internet Service Providers

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Author :
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.0/5 ( download)

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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:

The Law of Contributory Liability on the Internet

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527579360
Total Pages : 270 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Law of Contributory Liability on the Internet by : Berrak Genç-Gelgeç

Download or read book The Law of Contributory Liability on the Internet written by Berrak Genç-Gelgeç and published by Cambridge Scholars Publishing. This book was released on 2022-01-10 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the contributory liability of Internet intermediaries that arises from trademark infringements committed by third parties on the Internet, providing a comprehensive analysis of the law applicable to the matter in an EU context. It also considers the applicable laws of Germany and England to demonstrate how the rules are implemented in national laws, as the current state of the law is two-tiered. In providing a framework of the law applicable to online contributory trademark liability, the book also addresses ongoing and emerging issues that are specific to trademark law and proposes specific solutions to the issues arising in the context of online contributory trademark liability. The liability of Internet intermediaries has been a popular and lively subject from different substantive rights’ angles. However, trademark law has not received a great deal of attention from either scholars or legislators. As such, this book fills a gap in the literature by undertaking a trademark-specific examination, and will be of great interest to all those involved in the research and legal practice of trademark law.

Rethinking Cyberlaw

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002185
Total Pages : 176 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Rethinking Cyberlaw by : Jacqueline Lipton

Download or read book Rethinking Cyberlaw written by Jacqueline Lipton and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Intellectual Property Law in Cyberspace

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Author :
Publisher : BNA Books (Bureau of National Affairs)
ISBN 13 : 9781570181658
Total Pages : 0 pages
Book Rating : 4.1/5 (816 download)

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Book Synopsis Intellectual Property Law in Cyberspace by : G. Peter Albert

Download or read book Intellectual Property Law in Cyberspace written by G. Peter Albert and published by BNA Books (Bureau of National Affairs). This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cybercases & the Internet add new dimensions to the law of trademarks, copyrights, trade secrets, & patents. In this timely resource, the authors analyze these areas of I.P. law & how each interacts with information in the unique situations of cyberspace. You get unmatched guidance on examining & handling cases that involve questions about protecting & enforcing I.P rights as they relate to the Internet, including: * administrative dispute resolution policies proposed & implemented by domain name registrars--& how to protect registrations from challenges * application of trademark law to Internet issues such as metatags, hyperlinking, framing, & spamming * infringement, defenses, & criminal penalties as applied to Internet technologies such as digital watermarks & World Wide Web text, graphics, & sound files * what Internet Service Providers (ISPs) need to understand about the Online Copyright Infringement Liability Limitation Act * how WWW sites, bulletin board postings, & Internet e-mail are posing fundamental challenges to various trade secret doctrines * recent enforcement actions of Internet technology & software patents * plus details on the domain name system, how to register domain names, & more. Use this resource to stay on the edge of Internet I.P. law; examine the cases that are setting precedents; & prepare, argue, & win your cases in this expanding area.

Internet Search - Public Domain V. IP Rights

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Author :
Publisher : IBLS
ISBN 13 : 9780979138607
Total Pages : pages
Book Rating : 4.1/5 (386 download)

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Book Synopsis Internet Search - Public Domain V. IP Rights by :

Download or read book Internet Search - Public Domain V. IP Rights written by and published by IBLS. This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Guiding Rights

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Author :
Publisher : iUniverse
ISBN 13 : 0595290558
Total Pages : 156 pages
Book Rating : 4.5/5 (952 download)

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Book Synopsis Guiding Rights by : Mark V. B. Partridge

Download or read book Guiding Rights written by Mark V. B. Partridge and published by iUniverse. This book was released on 2003 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.

Legal Guide to Social Media

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Author :
Publisher : Simon and Schuster
ISBN 13 : 1621533883
Total Pages : 208 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis Legal Guide to Social Media by : Kimberly A. Houser

Download or read book Legal Guide to Social Media written by Kimberly A. Houser and published by Simon and Schuster. This book was released on 2013-11-13 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should you respond to a request to remove copyrighted materials from a Facebook page? If you create a Twitter handle at work, who owns that handle when you change jobs? Can you be sued for libel if your posts are defamatory? If you’ve ever asked yourself these kinds of questions, this pioneering legal handbook is for you. Despite the enormous growth in social media, scant legal advice is available to help the many people who are posting online. Easy-to-understand, comprehensive, and current, Legal Guide to Social Media provides the latest information on case law and statutes. It covers everything from privacy laws to copyright issues to how to respond to employers’ requests for your social media passwords. This plain English legal companion offers examples of and solutions to the kinds of situations you can expect to encounter when posting online content, whether for personal enjoyment or on behalf of an employer. You’ll learn how to avoid liability for defamation and third-party posts, the legalities of copying and linking to content, how to protect your own content, and much, much more. Whether you’re a marketer, entrepreneur, business owner, new media manager, or simply one of the millions of social media users in the United States, this must-have guide will help you to understand and mitigate the most common legal risks inherent in social media use.

The Liability of Internet Intermediaries

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198719779
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Liability of Internet Intermediaries by : Jaani Riordan

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, 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 IP matters and disputes involving internet content.

Trademarks and Social Media

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178347954X
Total Pages : 400 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Trademarks and Social Media by : Danny Friedmann

Download or read book Trademarks and Social Media written by Danny Friedmann and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

Software and Internet Law

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Author :
Publisher : Aspen Publishing
ISBN 13 : 145485989X
Total Pages : 1724 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Software and Internet Law by : Mark A. Lemley

Download or read book Software and Internet Law written by Mark A. Lemley and published by Aspen Publishing. This book was released on 2014-12-09 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the first casebooks in the field, Software and Internet Law presents clear and incisive writing, milestone cases and legislation, and questions and problems that reflect the authors' extensive knowledge and classroom experience. Technical terms are defined in context to make the text accessible for students and professors with minimal background in technology, the software industry, or the Internet. Always ahead of the curve, the Fourth Edition adds coverage and commentary on developing law, such as the Digital Millennium Copyright Act's Safe Harbor, the Electronic Communications Privacy Act, and the Stored Communications Act. Hard-wired features of Software and Internet Law include: consistent focus on how lawyers service the software industry and the Internet broad coverage of all aspects of U.S. software and internet law;with a focus on intellectual property, licensing, and cyberlaw The Fourth Edition responds to this fast-changing field with coverage of : the Digital Millennium Copyright Act's Safe Harbor the Electronic Communications Privacy Act the Stored Communications Act Hot News; Misappropriation Civil Uses of the Computer Fraud and Abuse Act

Cyberspace Law

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Author :
Publisher : Routledge
ISBN 13 : 1135946175
Total Pages : 236 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Cyberspace Law by : Hannibal Travis

Download or read book Cyberspace Law written by Hannibal Travis and published by Routledge. This book was released on 2013-08-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.