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12 pages/β‰ˆ3300 words
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APA
Subject:
Law
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Essay
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English (U.S.)
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Topic:

Compromise Between The Interests Of Information Society Service Providers And Those Of The Victims Of Copyright Infringement, Defamation Etc.

Essay Instructions:

UNIVERSITY OF STRATHCLYDELLM 
E-Commerce 2017/2018
Online Intermediary Liability 2
Lilian Edwards
Week 2 : The fall of intermediary immunity
GROUP 1
Copyright: the rise of  web blocking orders and “Content ID” systems
Digital Economy Act 2010, ss 3-18* S 97A Copyright Designs and Patents Act **“Newzbin 2” (20th Century Fox v Newzbin (No1) [2011] EWHC 1981 (Ch)** Cartier International v BSky B et al [2014] EWHC 3354 (Ch) *Poort, Lernheer et al “Baywatch: two approaches to measure the effects of blocking access to the Pirate Bay” (2014) Telecommunications Policy 1  Faye Wang “Site blocking orders in the EU: Justifications and Feasibility”, 30 July 2014, IP Scholars Conf, Berkeley
** Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market, Art 13 (“Proposal”) and recital 38**C Angelopoulos “EU Copyright Reform: Outside the Safe Harbours, Intermediary Liability Capsizes into Incoherence”, Kluwer Copyright Blog, Oct 6, 2016(see more fully Angelopoulos On Online Platforms and the Commission’s New Proposal for a Directive on Copyright in the Digital Single Market, January 2017
Q. Are copyright web blocking orders in the UK courts under s 97A compatible with the intermediary immunities? What are the legal grounds for making one?Q. Do web blocking orders need to be shown to be effective to be made? What evidence is there they are not effective?Q. What new obligations does art 13 of the Proposal above seek to place on intermediary hosts re protection of the copyright industries? What is the “value gap”? Which ISSPs do these new obligations apply to? Q. What criticisms does Angelopoulos make of this proposal?

Essay Sample Content Preview:

Compromise between the Interests of Information Society Service Providers and those of the Victims of Copyright Infringement, Defamation etc.
Student’s Name
Institutional Affiliation
Compromise between the Interests of Information Society Service Providers and those of the Victims of Copyright Infringement, Defamation e.t.c
Over the last two decades, the digital revolution has significantly changed the way people access and understands the news, particularly when it comes to news that is accessed from an online platform. Numerous scholars are of the opinion that manipulative and uncivil behaviors that take place on the online platform may persist and would become worse in the future. This implies that information that is spread on social media and other internet platforms will not be regulated and it will be separated from zones that are regarded as free-for-all.Directive 2000/31/EC, also referred to as the e-commerce directive, tend to address issues concerning the communication of personal data so that copyright information can be protected. Experts worry that free exchange of information will be compromised and lead to copyright infringement and violation of people’s privacy.This paper critically analyzes the compromise between the interests of information society service providers and those of the victims of copyright infringement and fake news.[Tanel Kerikmäe,Regulating Etechnologies in the European Union [recurso Electrónico]: Normative Realities and Trends. (Internet resource. N.d) 128] [KIara Votavova and Jakub Janda, Making online platforms responsible for news content (/wp-content/uploads/2017/07/Making-online-platforms-responsible-for-news-content-3.pdf 2017). 3]
Background of the E-Commerce Directive
In the same way that technologies such as TV and radio shaped societies in the past, the internet is increasingly being used in the current generation to shape democracy. Studies have shown that elections that were carried out in 2016 in different parts of the world increasingly utilized social media such as Twitter and Facebook to influence political ideologies and voting patterns.However, the proliferation of misinformation and fake news on online platforms posed numerous challenges to authentic information and copyrighted material. This is one of the main factors that influenced authorities in the European Union to develop strategies that would be instrumental in curbing the spread of misinformation. However, it is important to note that it is increasingly challenging to differentiate between facts and fake news since online platforms are influenced by perceptions of different agents.[Jacob Finkel, et al, Fake News & Misinformation Policy Practicum (https://www-cdn.law.stanford.edu/wp-content/uploads/2017/10/Fake-News-Misinformation-FINAL-PDF.pdf 2017) 91]
The main aim of the Directive 2001/29/EC, also known as the InforSoc Directive, was to ensure that the various attributes of copyright and other rights associated with the information society were harmonized. Minimum aspects of copyright protection were introduced by the e-commerce directive but it did not set the standards that could be used to safeguard the interests of the public. Therefore, implementation of this direct...
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