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Secondary Liability of Internet Service Providers

Edited by: Graeme B. Dinwoodie

ISBN13: 9783319550282
Published: July 2017
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £139.99



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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.

Subjects:
IT, Internet and Artificial Intelligence Law
Contents:
I. Introduction
A Comparative Overview of the Secondary Liability of Internet Service Providers
Graeme B. Dinwoodie
II. Sources and Concepts
The Different bases for Secondary Liability of Service Providers in Poland
Xawery Konarski and Tomasz Targosz
Secondary Liability of Internet Service Providers in The United States: General Principles and Fragmentation
Salil K. Mehra and Marketa Trimble
ISP Secondary Liability: A Portuguese Perspective on Omissions as the Basis for Secondary Liability
Joao Fachana
The Legal Framework Governing Online Service Providers in Cyprus
Tatiana Synodinou and Philippe Jougleux
Analysis of ISP regulation under Italian Law
Vincenzo Franceschelli, Oreste Pollicino and Elisa Bertolini
Secondary Liability of Service Providers in Brazil: the Effect of the Civil Rights Framework
Caitlin Mulholland
Intermediary Liability for IP Infringement in Finland: Copyright vs. Copyleft-A Series of Legislative Proposals and Decade of Debates
Katja Weckstrom
Common Law Pragmatism: New Zealand's Approach to Secondary Liability of Internet Service Providers
Graeme Austin
III. Policy Mechanisms
Ivana Kunda and Jasmina Mutabzija, Secondary Liability of Internet Intermediaries and Safe Harbours under Croatian law
Radim Polcak, Information Society Between Orwell and Zapata: A Czech Perspective on Safe Harbours
Jaani Riordan, Website Blocking Injunctions under United Kingdom and European Law
The Liability of Internet Intermediaries and Disclosure Obligations in Greece
Georgios N. Yannopoulos
IV.Specific Contexts
Internet Service Provider Copyright Infringement in Taiwan
Lung-Sheng Chen
Secondary Liability for Open Wireless Networks in Germany: Balancing Regulation and Innovation in the Digital Economy
Christoph Busch.