Secondary Copyright Infringement Liability and User-Generated Content in the United States

2020 ◽  
pp. 348-368
Author(s):  
Jack Lerner
Keyword(s):  
United States ◽  
Service Providers ◽  
Case Law ◽  
The United States ◽  
Copyright Infringement ◽  
Legal Framework ◽  
User Generated Content ◽  
Legislative Proposals ◽  
Red Flag ◽  
Online Service Providers

In the United States, the question of whether and when online service providers can be held liable for copyright infringement committed by their users has been one of the most heavily litigated controversies of the digital age. This chapter answers these questions by reviewing the common law doctrine of secondary copyright infringement and all relevant case law behind it. It focuses on the interpretation of the Digital Millennium Copyright Act’s (DMCA’s) safe harbours before US courts, with special emphasis on the notion of actual and ‘red flag’ knowledge, wilful blindness, right and ability to control users’ behaviour, and inducement. This chapter focuses in particular on user-generated content (UGC) platforms by looking into the effects of the DMCA on the UGC market and the technological measures implemented to curb infringement on UGC platforms. The chapter also provides a review of legislative proposals to amend the legal framework that the DMCA implemented more than two decades ago and runs a comparative analysis with other similar international legislative frameworks.

The Legal Framework

2020 ◽  
pp. 3-54
Author(s):  
David M. Corey ◽  
Mark Zelig
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Legal Framework ◽  
Federal Mandates ◽  
Legal Requirements ◽  
Psychological Practice ◽  
Federal Laws ◽  
Assessment Procedures ◽  
Laws And Regulations

This chapter contains an overview of the legal framework, doctrines, and statutes that have a controlling influence on how police suitability and fitness evaluations are conducted in the United States. In a discussion that is rich in easily understood case law and engaging and practical detail, the authors orient the reader to the major federal laws and regulations governing these evaluations and to how the evaluations’ quality and defensibility can be optimized by compliance with the legal requirements. Emphasizing that psychological practice in the employment context is highly regulated by both federal mandates and local rules, the authors provide several examples of assessment procedures that are well accepted when providing healthcare but are illegal when deployed in the employment arena.

Dilemmas of Online Identity Theft

2011 ◽  
pp. 143-149
Author(s):  
Omer Mahmood
Keyword(s):  
United States ◽  
Service Providers ◽  
Credit Cards ◽  
Identity Theft ◽  
The United States ◽  
Online Service ◽  
Online Identity ◽  
Law Enforcement Agencies ◽  
Mortgage Credit ◽  
Online Service Providers

Identity theft is a rapidly growing problem in the electronic environment. It has been recognized as the most widespread and fastest growing crime in the United States (Ahern, 2003). It is of great concern to online users, online service providers, governments, and law enforcement agencies. Identity theft could happen as a result of highly specialized electronic attacks (Sweeney, 2005), bugs in the system of the service providers, physical theft, misplaced paperwork, or just because of human negligence. Victims of identity theft sometimes spend considerable time and money to fix the problem; however their personal loans, mortgage, credit cards, and car loans can still be refused (FTC, 2002). This is shattering the confidence of users, thus creating a distrustful environment while making it very hard for small and medium-sized online service providers to compete with both established online and physically present service providers.

Thinking About Scots Law

1996 ◽  
Vol 1 (1) ◽  
pp. 3-24 ◽  
Author(s):  
Alan Rodger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
British Empire ◽  
United States Of America ◽  
Case Law ◽  
The United States ◽  
Memorial Lecture ◽  
University Of Edinburgh ◽  
The University

This article is the revised text of the first W A Wilson Memorial Lecture, given in the Playfair Library, Old College, in the University of Edinburgh, on 17 May 1995. It considers various visions of Scots law as a whole, arguing that it is now a system based as much upon case law and precedent as upon principle, and that its departure from the Civilian tradition in the nineteenth century was part of a general European trend. An additional factor shaping the attitudes of Scots lawyers from the later nineteenth century on was a tendency to see themselves as part of a larger Englishspeaking family of lawyers within the British Empire and the United States of America.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

scholarly journals Perlindungan Konsumen atas Metode Penawaran Negative Option di Indonesia

2019 ◽  
Vol 12 (2) ◽  
pp. 111
Author(s):  
Elizabeth Anastasia ◽  
Dwi Sekar Ningrum ◽  
William Marthianus ◽  
Willis Patrick Onggo
Keyword(s):  
United States ◽  
Service Provider ◽  
Service Providers ◽  
Legal Protection ◽  
The United States ◽  
Legal Research ◽  
Telecommunications Services ◽  
Financial Losses

Negative Option Method is a bidding method that requires confirmation from consumers in accepting or rejecting an offer. If the customer doesn’t provide confirmation, the business actor assumes that the consumer agrees and will be charged a fee for the offer given. The Negative Option method originating from the United States has actually developed in Indonesia, especially in the provision of telecommunications services. It is not uncommon for Telecommunications Service Providers in Indonesia to offer a particular feature that requires confirmation of rejection or cancellation from consumers via message, such as "unreg". If the consumer does not provide confirmation, the business actor will unilaterally assume that the Customer has accepted the offer, thus often resulting in the consumer experiencing financial losses due to the imposition of costs for goods and / or services without the consent of the consumer. This encourages the author to conduct legal research on consumer legal protection of the Negative Option bidding method using the normative juridical method. This legal research concludes that the Negative Option bidding method is contrary to the Minister of Communications Regulation Article 2 paragraph (3) and Article 4 paragraph (1) letter a which specifies that each Telecommunications Service Provider must obtain written and/or message approval from the Customer to activate a paid feature. If the Telecommunications Service Provider has not received approval from the Customer, then the paid feature must be stopped.

scholarly journals Rating Determinants Factored in E-Commerce Decision-Making

2015 ◽  
Vol 14 (1) ◽  
Author(s):  
Juheng Zhang ◽  
M. Riaz Khan ◽  
Dachuan Shih
Keyword(s):  
United States ◽  
Open Source Software ◽  
Web Sites ◽  
The United States ◽  
User Generated Content ◽  
Media Content ◽  
Price Levels ◽  
Wide Range ◽  
Hotel Booking ◽  
The Relationship

The user-generated content (UGC) Web sites are gaining popularity for a wide range of media content, such as news, blogs, forums, and open-source software. Instead of relying on information on company Web sites, users benefit by reading reviews written on UGC Web sites by consumers. Online evaluations are usually informative and reduce the information asymmetry. This study examines the problem where UGC can be expedient for online hotel booking. It investigates the relationship between the ratings obtained from the TripAdvisor.com reviewers and the hotel price levels in the United States, outside the United States, and top 20 hotels and others, respectively. Findings suggest that medium-priced hotels provide a comparable value with their high-priced counterparts. Further, the ratings for U.S. hotels are lower than others across all price levels.

scholarly journals Revised guidelines for HIV testing, counselling, and screening in the United States

2002 ◽  
Vol 6 (1) ◽  
Author(s):  
K. A. Fenton ◽  
C McGarrigle
Keyword(s):  
United States ◽  
Pregnant Women ◽  
Service Providers ◽  
The United States ◽  
Hiv Treatment ◽  
Hiv Screening ◽  
Policy Makers ◽  
Treatment And Prevention ◽  
Perinatally Acquired ◽  
Clinical Advances

The Centers for Disease Control (CDC) in the United States has published a report containing revised guidelines for HIV counselling, testing, and referral (CTR), and revised recommendations for HIV screening of pregnant women (1). The CTR guidelines replace the existing 1994 guidelines (2) and contain recommendations for policy-makers and service providers of HIV CTR. The revised recommendations for HIV screening for pregnant women replace the 1995 guidelines (3). The revision was prompted by recent advances in both HIV CTR and HIV treatment and prevention and clinical advances in preventing perinatally acquired HIV.

Preconditions for a general-purpose central bank digital currency

FEDS Notes ◽  
2021 ◽  
Vol 2021 (2839) ◽  
Author(s):  
Jess Cheng ◽  
◽  
Angela N Lawson ◽  
Paul Wong ◽  
◽  
...  
Keyword(s):  
United States ◽  
Central Bank ◽  
The United States ◽  
Legal Framework ◽  
General Purpose ◽  
The Public ◽  
Digital Currency ◽  
Stakeholder Support ◽  
Policy Objectives ◽  
New Form

Over the last few years, interest in the potential issuance of a general-purpose central bank digital currency (CBDC) has increased. Introducing and operating a CBDC would require actions by many stakeholders and not just the central bank. In view of the far-reaching implications of introducing a new form of money to the public, the decision cannot be taken lightly. This paper outlines foundational preconditions and proposes areas of work that may help achieve them prior to the possible implementation of a potential future general-purpose CBDC in the United States. These foundational preconditions include clear policy objectives, broad stakeholder support, a strong legal framework, robust technology, and readiness for market acceptance and adoption.

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