Secondary Liability of Internet Service Providers

Beschreibung

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.
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. 
Reveals wide variation among countries regarding the character of secondary liability rules Analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others Highlights evolving commonalities and transborder commercial practices that exist despite the lack of hard international law Discusses sources and concepts, policy mechanisms, and specific contexts

Autor*in

Graeme B. Dinwoodie

Themen in »Secondary Liability of Internet Service Providers«

Administrative Approaches to ISP Regulation Copyright vs. Copyleft Foundations of Liability for IP Infringement ISPs and Safe Harbours ISPs in the United States Internet Service Provider Copyright Infringement Legal framework Governing ISPs Liability for unsecured wireless networks Liability of Internet Intermediaries Norms Governing secondary Liability of Internet Intemediaries Omissions as the Basis for Liability Policy mechanisms for ISPs Secondary Liability of Internet Service Providers Secondary liability of internet service providers Sources and Concepts

Stimmen zu »Secondary Liability of Internet Service Providers«

“This book offers a very comprehensive analysis of doctrinal structure and court decisions across several nations that, once read in a collective way, contribute to the identification of common aspects and transnational behaviors that emerge in the absence of hard international law.”(Alessandro Berni, Computing Reviews, June, 2018)

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