JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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The Legal Classification of ISPs - The Czech Perspective
Get PDFThis Article is a comprehension of the lecture held at at the International Conference on “Commons, Users, Service Providers – Internet (Self-) Regulation and Copyright” which took place in Hannover, Germany, on 17/18 March 2010 on the occasion of the launch of JIPITEC.
It summarizes the current issues concerning ISP liability in the Chzech Republic
Yi Shin Tang, The international trade policy for technology transfers - Legal and economic dilemmas on Multilateralism versus Bilateralism, Wolters Kluwer Law & Business 2009 (Global Trade Law Series, vol. 20), 230 p., ISBN-10: 9041128255, ISBN-13: 978-9041128256
Get PDFDário Moura Vicente, La propriété intellectuelle en droit international privé, Brill Academic Pub 2009 (Les Livres de Poche de L\u27Academie de Droit International de la Haye), 516 p., ISBN-10: 9004179070, ISBN-13: 978-9004179073
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Kontent i Pravo v. Masterhost Presidium of the Supreme Arbitration Court of the Russian Federation, Judgment of 23 December 2008, Nr. 10962/08 Translation and Comment
Get PDFThis Judgment by the Presidium of the Supreme Arbitration Court of the Russian Federation can be considered as a landmark ruling for Internet Service Provider’s (ISP) liability. The Court stipulates for the first time concise principles under which circumstances an ISP shall be exempt from liability for transmitting copyright infringing content. But due to the legislation on ISP liability in the Russian Federation it depends on the type of information which rules of liability apply to ISP. As far as a violation of intellectual property rights is claimed, the principles given now by the Supreme Arbitration Court are applicable, which basically follow the liability limitations of the so called EU E-Commerce Directive. But, furthermore, preventive measures that are provided in service provider contracts to suppress a violation through the use of services should be taken into account as well. On the other hand, as far as other information is concerned the limitations of the respective Information Law might be applicable which stipulates different liability requirements. This article gives a translation of the Supreme Arbitration Court’s decision as well as a comment on its key rulings with respect to the legal framework and on possible consequences for practice
Editorial
Get PDFJIPITEC, the ”Journal of Intellectual Property, Information Technology and Electronic Commerce Law” is a new
online-journal for current issues of intellectual property, information technology and E-commerce law
A Primer on ACTA What Europeans Should Fear about the Anti-Counterfeiting Trade Agreement
Get PDFThe European Commission recently
published the first official draft of the Anti-Counterfeiting Trade Agreement (ACTA). The article describes
the institutional background of the negotiations on
ACTA and its relationship to the existing legal framework. The civil enforcement provisions and the Internet chapter are compared with the international and
European instruments in the field. For the most part,
ACTA will not oblige EU member states to enact rules that go beyond the already established European
standards. But stricter rules could be implemented
regarding injunctions against non-infringing intermediaries, strict liability rules for damages, and ex
parte measures in preliminary proceedings. According to the published draft, the termination of user
accounts in the case of repeated intellectual property infringement will not be mandatory for member
ACTA states
The International Three-Step Test. A Model Provision for EC Fair Use Legislation
Get PDFThe three-step test is central to the regulation of copyright limitations at the international level. Delineating the room for exemptions with abstract criteria, the three-step test is by far the most important and comprehensive basis for the introduction of national use privileges. It is an essential, flexible element in the international limitation infrastructure that allows national law makers to satisfy domestic social, cultural, and economic needs. Given the universal field of application that follows from the test’s open-ended wording, the provision creates much more breathing space than the more specific exceptions recognized in international copyright law.
EC copyright legislation, however, fails to take advantage of the flexibility inherent in the three-step test. Instead of using the international provision as a means to open up the closed EC catalogue of permissible exceptions, offer sufficient breathing space for social, cultural, and economic needs, and enable EC copyright law to keep pace with the rapid development of the Internet, the Copyright Directive 2001/29/EC encourages the application of the three-step test to further restrict statutory exceptions that are often defined narrowly in national legislation anyway.
In the current online environment, however, enhanced flexibility in the field of copyright limitations is indispensable. From a social and cultural perspective, the web 2.0 promotes and enhances freedom of expression and information with its advanced search engine services, interactive platforms, and various forms of user-generated content. From an economic perspective, it creates a parallel universe of traditional content providers relying on copyright protection, and emerging Internet industries whose further development depends on robust copyright limita-
tions. In particular, the newcomers in the online market – social networking sites, video forums, and virtual worlds – promise a remarkable potential for economic growth that has already attracted the attention of the OECD.
Against this background, the time is ripe to debate the introduction of an EC fair use doctrine on the basis of the three-step test. Otherwise, EC copyright law is likely to frustrate important opportunities for cultural, social, and economic development. To lay groundwork for the debate, the differences between the continental European and the Anglo-American approach to copyright limitations (section 1), and the specific merits of these two distinct approaches (section 2), will be discussed first. An analysis of current problems that have arisen under the present dysfunctional EC system (section 3) will then serve as a starting point for proposing an EC fair use doctrine based on the three-step test (section 4). Drawing conclusions, the international dimension of this fair use proposal will be considered (section 5)
Google Images German Federal Court Entscheidung vom 29.04.2010, I ZR 69/08 With an English Introduction
No full textThe long-awaited verdict by the German Federal Court of Justice towards Google image search has drawn much attention to the problem of copyright infringement by search engines on the Internet. In the past years the question has arose whether the listing itself in a search engine like Google can be an infringement of copyright. The decision is widely seen as one of the most important of the last years. With significant amount of effort, the German Fede- ral Court tried to balance the interests of the right holders and those of the digital reality