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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 …
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liability and the nature of the fair use doctrine could therefore gain valuable insight from the general theory and economic … mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting …
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Recent cases have reignited debate on vicarious liability for gatekeepers providing essential services such as … electronic payment processing services. Generally speaking, gatekeeper liability is undesirable when a gatekeeper lacks the right … prongs for vicarious liability based on three types of relationships: that of employers to their employees, that of premises …
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Recent years have witnessed explosion in copyright literature on potential indirect liability of providers of dual … to impose indirect liability on providers of dual-use technologies tend to appear in multisided markets, which are … among dual-use technologies, and examines the desirability of present copyright liability rules. The analytical framework …
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For the first time ever, the Supreme Court's seminal decision in Grokster permits the theory of secondary liability in … copyright law to be rationalized. That case confirmed two important principles: (1) that secondary liability in copyright is a … matter of federal common law; and (2) that, unlike primary liability, secondary liability depends upon the defendant …
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Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards … copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates … that the question of whether indirect copyright liability chills technological innovation inherently requires consideration …
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ISPs’ indirect copyright liability permits regulation where traditional legislation fails to meet requirements of … infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs’ liability for fierce copyright … infringement committed by their users over the Internet in most of the jurisdictions, the strength of this liability regime is …
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