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Secondary Liability of Internet Service Providers

Secondary Liability of Internet Service Providers

Author: Graeme B. Dinwoodie
Publisher: Springer-Verlag
ISBN: 9783319550282
Published In: July 2017
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches.

This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.

I. Introduction

A Comparative Overview of the Secondary Liability of Internet Service Providers

Graeme B. Dinwoodie

II. Sources and Concepts

The Different bases for Secondary Liability of Service Providers in Poland

Xawery Konarski and Tomasz Targosz

Secondary Liability of Internet Service Providers in The United States: General Principles and Fragmentation

Salil K. Mehra and Marketa Trimble

ISP Secondary Liability: A Portuguese Perspective on Omissions as the Basis for Secondary Liability

Joao Fachana

The Legal Framework Governing Online Service Providers in Cyprus

Tatiana Synodinou and Philippe Jougleux