Information Law Series Volume 39
The European Harmonisation of Intermediary Accessory Liability in Copyright provides a clarification on the substantive rules of European intermediary accessory liability in copyright and formulates harmonised European norms to govern this complicated topic. In step with the rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the formidable practical obstacles to the successful pursuit of actual perpetrators, it has become common for intermediaries - providers of internet-related infrastructure and services - to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to take a law-based approach towards exploring a possible introduction of a substantive European intermediary liability.
What's in this book:
With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions - England, France, and Germany - the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. On this basis, she clearly presents the interrelations between such areas as the following:
The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. The author concludes with suggestions for the future possible integration of the proposed framework into EU law.
How this will help you:
This book discusses the issue of the liability of internet intermediaries for third-party copyright infringement that has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which better accounts for the cross-border nature of the internet. The proposed reintegration of intermediary accessory copyright liability into underlying national tort norms, common principles of European tort law, and the European law of fundamental rights will prove to be of inestimable value to many interested parties - lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists - in matters regarding the information society.
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This book studies what has generally been regarded as intangible: the relationship between news media coverage and terrorist success. Utilizing his four-year database of barricade-and-hostage and hijacking atrocities by international terrorists and the coverage afforded those events by newspapers from three Western nations (Germany, Great Britain, and the United States), Richard W. Schaffert observes the effect of media coverage (newspaper column space provided, articles and photographs published) on whether concessions were made to terrorist demands, and establishes a strong positive relationship between coverage and terrorist success. In Chapter 1, Schaffert establishes a definition of political terrorism by identifying the basic elements that distinguish it from other forms of political violence, then rigorously applies this definition throughout his analysis. The functions of political terrorism are reviewed, with special consideration given to the use of terrorism as an instrument of politics. Schaffert evaluates state experiences with political terrorism in terms of the nature of the threat, countermeasures employed, the media's role, and the relationship between public, press, and government. Finally, the question of the responsibility of a democratic society's media in the reporting of terrorism is considered. Schaffert's extensive database, which is included as an appendix, will prove invaluable for further research in the area.
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