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Indirect Copyright Infringement Liability for an ISP : An Application of the Theory of the Economics of Contracts under Asymmetric Information

Watt, Richard - 2019

liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to … claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard …

Persistent link: https://www.econbiz.de/10012895524

Chapter 25. Economic Analysis of Law

Kaplow, Louis; Shavell, Steven - In: Handbook of public economics : volume 3, (pp. 1661-1784). 2002

covered. The first is legal liability for harm. Here we discuss liability rules as incentives to reduce risk, issues of risk …-bearing and insurance, and the costs of the liability system. Second, we consider property law, where we address the nature and …

Persistent link: https://www.econbiz.de/10014024839

A License is Not a 'Contract Not to Sue' : Disentangling Property and Contract in the Law of Copyright Licenses

Newman, Christopher M. - 2013

The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...

Persistent link: https://www.econbiz.de/10014172527