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After reviewing the standards of secondary liability for copyright and trademark infringement in the online context …, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe …
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online platforms. In this paper, we provide an economic appraisal of platform liability that highlights the effects of a … stricter liability rule on several key variables such as prices, terms and conditions, business models, and investments. We … also discuss the impact of the liability regime applying to online platforms on competition between them and the incentives …
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commerce” theory in the Patent Act, it denied imposing indirect copyright liability on providers of copying technologies that … landmark of indirect copyright liability. While copyright holders cried doom for the advent of a new communications technology … did not preclude the possibility of indirect copyright liability; on the other hand, by analogizing the “staple article of …
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The presumption against extraterritoriality is a deceptively straightforward principle: that U.S. law applies only inside the United States. But there is confusion regarding whether the presumption applies when a court calculates patent damages. In WesternGeco L.L.C. v. Ion Geophysical Corp.,...
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The proposed third amendment to PRC copyright law endeavours to enhance the standards of damages to fight piracy more effectively via a TRIPS-Plus approach. This includes, inter alia, reframing statutory damages, introducing punitive damages, and new evidence rules granting the right of...
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