Oxford Handbook of Online Intermediary Liability PDF Download
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Author: Giancarlo Frosio
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801
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Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Author: Giancarlo Frosio
Publisher: Oxford Handbooks
ISBN: 0198837135
Category : Law
Languages : en
Pages : 801
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Book Description
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
Author: Giancarlo F. Frosio
Publisher:
ISBN: 9780191873911
Category : Internet service providers
Languages : en
Pages : 800
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Book Description
The theoretical--and market--background against which the intermediary liability debate developed has changed considerably since the first appearance of online intermediaries almost two decades ago. These changes have been reflected--or will soon most likely be reflected--in changing policy approaches. The role of Online Service Providers (OSPs) is unprecedented for their capacity to influence the informational environment and users' interactions within it. The ethical implications of OSPs' role in contemporary information societies are raising unprecedented social challenges. The decisions made by these platforms increasingly shape contemporary life. Therefore, whether and when access providers and communications platforms such as Google, Twitter, and Facebook are liable for their users' online activities is a key factor that affects innovation and fundamental rights. There are emerging legal, policy, and ethical issues facing online intermediaries that have so far received various inconsistent answers even within the same jurisdiction. To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Online Intermediary Liability is designed to provide a comprehensive, authoritative, and 'state-of-the-art' discussion of this topic. This book will review fundamental legal issues in online intermediary liability, while also describing advances in intermediary liability theory and identifying recent policy trends.
Author: Giancarlo Frosio
Publisher: Oxford University Press
ISBN: 0192573977
Category : Law
Languages : en
Pages : 801
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Book Description
To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.
Author: Jaani Riordan
Publisher: Oxford University Press
ISBN: 0191030465
Category : Law
Languages : en
Pages : 705
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Book Description
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.
Author: Dan Jerker B. Svantesson
Publisher: Oxford University Press
ISBN: 019879567X
Category : Law
Languages : en
Pages : 289
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Book Description
Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit rather than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction - a framework that unites private, and public, international law. He also proposes several other reform initiatives aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how to properly understand and work with rules of Internet jurisdiction. While Solving the Internet Jurisdiction Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework. Professor Svantesson argues that many of the Internet jurisdiction problems we face are due to a sleepwalking-like acceptance of orthodox thinking. Solving the Internet Jurisdiction Puzzle acts as a wake-up call to this issue.
Author: Adrienne Stone
Publisher:
ISBN: 019882758X
Category : Law
Languages : en
Pages : 609
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Book Description
Explores the key rationales and principles that underpin our understanding of free speech, Provides a comprehensive overview of freedom of speech as a legal principle in national and supranational settings, This volume is divided into three parts, with part one outlining the history of the idea of the freedom of speech. Part two discusses freedom of speech as a legal principle and part three surveys the key controversies in its application. Book jacket.
Author: Christina Angelopoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041168419
Category : Law
Languages : en
Pages : 529
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Book Description
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Author: Irene Calboli
Publisher: Oxford University Press
ISBN: 0198826745
Category : Law
Languages : en
Pages : 913
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Book Description
"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --
Author: Matthias C. Kettemann
Publisher: Oxford University Press
ISBN: 0198865996
Category : Law
Languages : en
Pages : 385
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Book Description
There is order on the internet, but how has this order emerged and what challenges will threaten and shape its future? This study shows how a legitimate order of norms has emerged online, through both national and international legal systems. It establishes the emergence of a normative order of the internet, an order which explains and justifies processes of online rule and regulation. This order integrates norms at three different levels (regional, national, international), of two types (privately and publicly authored), and of different character (from ius cogens to technical standards). Matthias C. Kettemann assesses their internal coherence, their consonance with other order norms and their consistency with the order's finality. The normative order of the internet is based on and produces a liquefied system characterized by self-learning normativity. In light of the importance of the socio-communicative online space, this is a book for anyone interested in understanding the contemporary development of the internet. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
Author: Roxana Radu
Publisher: Oxford University Press
ISBN: 0198833075
Category : Law
Languages : en
Pages : 257
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Book Description
This book provides an incisive analysis of the emergence and evolution of global Internet governance, revealing its mechanisms, key actors and dominant community practices. Based on extensive empirical analysis covering more than four decades, it presents the evolution of Internet regulation from the early days of networking to more recent debates on algorithms and artificial intelligence, putting into perspective its politically-mediated system of rules built on technical features and power differentials. For anyone interested in understanding contemporary global developments, this book is a primer on how norms of behaviour online and Internet regulation are renegotiated in numerous fora by a variety of actors - including governments, businesses, international organisations, civil society, technical and academic experts - and what that means for everyday users. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is offered as a free PDF download from OUP and selected open access locations.
