Includes bibliographical references (pages 307-330) and index.
Contents:
Introduction -- Internet regulatory theories : an overview of the theoretical background -- Liability of host internet service providers : theoretical and policy background -- The Host Internet Service Providers' (Host ISPs) liability framework under Article 14(1) of the E-Commerce Directive (ECD) for copyright and trade mark infringements : an outdated approach -- The Regulatory Framework of Online Content Sharing Service Providers (OCSSPs) under Article 17 of the Copyright in the Digital Single Market Directive (DSMD) for copyright infringements : a controversial approach -- Host ISPs, OCSSPs and parties involved under Article 14(1) of the ECD and Article 17 of the DSMD -- Liability of providers of hosting services under the proposal for a Digital Services Act for trade mark and copyright infringements : a promising approach -- Redefining the concept of duty of care -- Introducing a statutory provision for transparency -- Establishing a supervisory authority : a proposal -- Conclusion.
Summary:
"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"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.