Are blocking injunctions against ISPs allowed in Europe? Copyright enforcement in the post-Telekabel EU legal landscape

2014 ◽  
Vol 9 (10) ◽  
pp. 812-821 ◽  
Author(s):  
C. Angelopoulos
Keyword(s):  
Copyright Enforcement ◽  
Blocking Injunctions

Algorithmic Governance by Online Intermediaries

2019 ◽  
Author(s):  
Niva Elkin-Koren ◽  
Maayan Perel
Keyword(s):  
Risk Management ◽  
Law Enforcement ◽  
Public Discourse ◽  
Critical Role ◽  
Public Law ◽  
Online Content ◽  
Private Ordering ◽  
Algorithmic Accountability ◽  
Copyright Enforcement

In recent years, there is a growing use of algorithmic law enforcement by online intermediaries. Algorithmic enforcement by private intermediaries is located at the interface between public law and private ordering. It often reflects risk management and commercial interests of online intermediaries, effectively converging law enforcement and adjudication powers, at the hands of a small number of mega platforms. At the same time, algorithmic governance also plays a critical role in shaping access to online content and facilitating public discourse. Yet, online intermediaries are hardly held accountable for algorithmic enforcement, even though they may reach erroneous decisions. Developing proper accountability mechanisms is hence vital to create a check on algorithmic enforcement. Accordingly, relying on lessons drawn from algorithmic copyright enforcement by online intermediaries, this chapter demonstrates the accountability deficiencies in algorithmic copyright enforcement; maps the barriers for algorithmic accountability and discusses various strategies for enhancing accountability in algorithmic governance.

scholarly journals What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Online Content ◽  
Central Importance ◽  
Clear View ◽  
Content Sharing ◽  
Limitations And Exceptions ◽  
Copyright Enforcement ◽  
Primary Channel

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.

Civic Cultures and Skills in European Digital Rights Campaigning

2014 ◽  
pp. 273-295
Author(s):  
Yana Breindl
Keyword(s):  
Political Institutions ◽  
Policy Making ◽  
Cultural Practices ◽  
Technical Skills ◽  
Digital Rights ◽  
Telecommunications Regulation ◽  
Eu Legislation ◽  
Copyright Enforcement ◽  
Gain Access ◽  
Law Making

Technical skills are increasingly necessary to successfully intervene in policy-making, especially when dealing with technical matters such as Internet or telecommunications regulation. Skills are rooted in experience and cultural practices. Dahlgren's concept of civic cultures is used in this chapter to investigate the cultural underpinnings of the emergent European digital rights movement that has repeatedly targeted EU legislation on copyright enforcement, software patents, and the Internet. The values and identity of the movement are investigated along with the way knowledge and information are processed and trust established through repeated practices in a variety of online and offline spaces. The analysis illustrates how digitally skilled actors can substantially affect policy-making by disrupting the course of parliamentary law-making at the European level. However, technical skills need to be complemented by social and political competencies to gain access and provide convincing input to political institutions that increasingly rely on extra-institutional expertise.

Sign in / Sign up

Export Citation Format

Share Document