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Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
the adequacy and completeness of liability regimes in the face of new challenges raised by the use of EDTs by identifying … the normative foundations on which a liability regime for new technologies should be built on. In doing this it focuses on … the current European liability regime and seeks first to ascertain whether it is fit for the new digital environment and …
Persistent link: https://www.econbiz.de/10013239827
in relation to the liability of third parties for breach of fiduciary duty provides clear examples this sort of risk …. This paper examines in detail these third-party claims — tracing-related claims, recipient liability, and assistant … liability — in the light of English law, and explains how they contain errors which are (or threaten to be) entrenched …
Persistent link: https://www.econbiz.de/10013247619
A deeply entrenched principle in the law of fraud and negligent misrepresentation provides that damages can be recovered only upon a showing of reliance. To prevail, plaintiffs must not only establish the mere falsity of a statement, but also show that they had acted upon the statement and...
Persistent link: https://www.econbiz.de/10013061590
engine that made defamatory suggestions about the claimant. It compares rulings from other jurisdictions on the liability of …
Persistent link: https://www.econbiz.de/10012998024
Although data breaches at large corporations are the ones that make the news, smaller businesses, easy prey for hackers, are just as likely to be targeted. Small businesses have neither the financial resources nor the technological skills to mount multi-faceted defenses against cybercriminals....
Persistent link: https://www.econbiz.de/10012916400
commits a constitutional violation and the claim of municipal liability is based on a policymaker's failure to prevent it. The … government can be liable in these "indirect-effect" cases for a policymaker's "deliberate indifference" to safeguarding … approach is misguided and that the Court should instead impose a rule of vicarious liability for all § 1983 claims made against …
Persistent link: https://www.econbiz.de/10012863627
character of the subsidiary as a separate legal entity which shields the parent company from liability. This article takes the … there is no reason why the fact of belonging to a group should be sufficient to impute liability. This article argues that … economic activity, that joint economic activity in European company law leads to joint and unlimited liability, and that this …
Persistent link: https://www.econbiz.de/10014180132
The chapter examines the liability associated with roles automated played by electronic transactional platforms …
Persistent link: https://www.econbiz.de/10014197718
standards for government intervention while David McGowan argues why the government should not. I create a framework within … a scholar or court finds more effective (the market or the government), but also by the differences in their evaluation … ability of the marketplace relative to the government to correct anticompetitive problems, but also to the degree, in any …
Persistent link: https://www.econbiz.de/10014204534