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This paper deals with the liability of companies providing access, hosting or caching services to internet users in …
Persistent link: https://www.econbiz.de/10013075549
: 1. Defines an Intermediary2. Draws the basis for Intermediary liability3. Analyses the legal standards of liability of …
Persistent link: https://www.econbiz.de/10012984325
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 …
Persistent link: https://www.econbiz.de/10013033937
Persistent link: https://www.econbiz.de/10011750185
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 … commerce” theory in the Patent Act, it denied imposing indirect copyright liability on providers of copying technologies that …
Persistent link: https://www.econbiz.de/10014180994
criminal liability for IPR infringements and the relevant future possibilities Anti-Counterfeiting Trade Agreement (ACTA) is …
Persistent link: https://www.econbiz.de/10014181542
determine the proper scope for indirect liability is to weigh its costs and benefits against those associated with other …
Persistent link: https://www.econbiz.de/10014089279
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 …
Persistent link: https://www.econbiz.de/10014060293
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...
Persistent link: https://www.econbiz.de/10013301055
National laws relating to secondary liability in copyright have been largely ineffective in stalling copyright …
Persistent link: https://www.econbiz.de/10013028618