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This pair of papers involves a reprinting of "Of Harms and Benefits: Torts, Restitution, and Intellectual Property," 21 J. LEGAL STUDIES 449 (1992), along with an introduction to that article for students, entitled "Copyright as Tort's Mirror Image". Both involve comparisons between statutory...
Persistent link: https://www.econbiz.de/10014075902
This Chapter discusses intellectual property and extra-contractual liability by highlighting general comparative … might influence the different legal regimes. The Chapter focuses on emerging issues of extra-contractual liability for … regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this Chapter describes the …
Persistent link: https://www.econbiz.de/10014090991
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
The nets known as P2P, have been established in the electronic commerce world as one of its most important advances due to its "numerical" growth, not only in the number of users, but also in the number of different functions it has developed in recent in years. Day by day, the migration from...
Persistent link: https://www.econbiz.de/10014189312
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 …
Persistent link: https://www.econbiz.de/10014207357
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 …
Persistent link: https://www.econbiz.de/10014208214
National laws relating to secondary liability in copyright have been largely ineffective in stalling copyright …
Persistent link: https://www.econbiz.de/10013028618
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