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The Liability of Internet Intermediaries
by Jaani Riordan
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The Liability of Internet Intermediaries Internet intermediaries play a central role in modern commerce and the dissemination of ideas Although their economic and social importance is wellrecognized their legal liability remains poorly understood and until now no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms The Liability of Internet Intermediaries Jaani Riordan The Liability of Internet Intermediaries Jaani Riordan Written by an expert author from the intellectual property chambers at 8 New Sqare Lincolns Inn this is an essential guide for lawyers advising on IP matters and disputes involving internet content The first work to address the legal duties of ISPs Highlights differences between The Liability of Internet Intermediaries Tech Law Forum Liability of Internet Intermediaries A Slippery Slope 311 Voluntary Monitoring 312 The Intermediary in the Role of Editor 313 Monitoring Based on the Obligation to Act upon Knowledge 314 Monitoring Based on an Injunction 421 Merits of the First Step 424 The Adequacy of Liability and Copyright Protection of Internet Intermediaries “intermediary” with respect to any particular electronic message means any person who on behalf of another person receives stores or transmits that message or provides any service with respect to that message 1 These internet intermediaries came under the ambit of the copyright law with the contention that they aid in the infringement of copyright Liability and responsibility new challenges for Internet Liability means that Internet intermediaries can be sanctioned or fined or asked to remove content that is illegal and is governed by the process of law Responsibility on the other hand is a new and somewhat intriguing policy notion Responsibility implies that the intermediary somehow takes action upon its own initiative and is selfmotivated The Liability of Internet Intermediaries k The Liability of Internet Intermediaries Jaani Riordan Magdalen College Oxford Thesis submitted for the degree of Doctor of Philosophy in Law Hilary Term 2013 Word Count 101 200 Liability of Internet Intermediaries A Slippery Slope Introduction Internet intermediaries such as Internet Service Providers hereafter ISPs or online marketplaces are under certain conditions liable for the content that their subscribers or even other Internetusers put online In Europe the prevalent model of ISPliability for third party content is knowledgebased Intermediary Liability Center for Internet and Society Consulting Intermediary Liability Fellow Joan Barata is an international expert in freedom of expression freedom of information and media regulation As a scholar he has spoken and done extensive research in these areas working and collaborating with various universities and academic centers from Asia to Africa and America authoring papers articles and books and addressing specialized Parliament committees
