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.

In this study, Professor Seng seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the first consisting of a “Survey of National Legislation and Jurisprudence on the Liability of Internet Intermediaries in the Field of Copyright and Related Rights”, covering 30 jurisdictions.

In this study, Professor Fernández-Diéz seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the second containing a conclusion resulting from the Survey (first part) which defines trends and commonalities in the treatment of the responsibility of Internet intermediaries.

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.

This paper examines certain theoretical constructs in law, legal theory, and communications theory that relate to secondary liability and its applicability to regulating online behavior. The central thesis of this paper is that a theoretical basis for ascribing legal responsibility to third parties can be based on that party's constitutive role in enabling illegal acts of others to produce social harm. Specifically, that the provision by an Internet service provider (ISP) of access to the enabling technical infrastructure - the network medium - in itself creates a responsibility base for mitigating social harm arising from the use of that infrastructure based on the effects of the mediation in furthering or contributing to the harm. The purpose of this paper is to explore certain theoretical constructs in order to develop an analytic framework that is potentially useful in delineating the appropriate scope, and under what circumstances and rationale, legal responsibility can be ascribed to ISPs for the actions of their users. Thus, in Part I we examine the theoretical basis for legal responsibility; in Part II, we review the existing doctrines of secondary liability as applied in particular contexts, (copyright, defamation, respondeat superior) in Part III, we suggest a performative standard for assessing ISP liability; in Part IV, we develop a preliminary approach for applying a constitutive standard for third party liability to ISPs; and, in Part V, we set out areas for further development. Applying the constitutive paradigm for legal responsibility, ISPs can be ascribed liability for providing access to the network and for their user's misconduct in so far as network access (or other services) give the conduct its effect. ISPs acquire subject-responsibility by virtue of their role in enabling the condition for user misconduct and object-responsibility for the online status of their user itself. These dual responsibility relationships provide a responsibility base for the harmful affects of the user's behavior. Additionally, the possession and exercise of the power to control harmful online conduct is itself a basis for assigning responsibility for mitigating the social harm. This paper explores third party liability under various theoretical constructs, including a constitutive paradigm for responsibility, existing legal doctrines of secondary liability, and a performative evaluation of effect. In Part IV we put forward a tentative framework for applying a performative standard for constitutive responsibility on ISPs for user misconduct based on negligence. However, this paper is not intended to be a definitive statement of these issues, but rather a preliminary research agenda delineating certain areas for further exploration. Finding or developing legal theories under which to impose responsibility on third parties without creating unwanted incentives for overdeterrence of desirable conduct is a difficult task. It is our position articulated here that constitutive liability for such third parties can be imposed directly based on an understanding of the performative affect of providing services that enable user misconduct to result in social harm.

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.

Make sure you're on the cutting edge of cyberspace law and emerging technologies with up-to-the-minute coverage. You'll get detailed discussions of: intellectual property, access rights, tort and criminal liability, and privacy. There's also a thorough analysis of the major legal issues that will arise as the National Information Infrastructure (NII) matures. And you'll get a wealth of checklists, sample agreements, and much more!