Intermediary Liability for Online Copyright Infringement - A Recipe for Killing the Internet - A Comparative Analysis of the Law in Us and India

2016 ◽  
Author(s):  
Sayeeswari R.
Author(s):  
Dan Jerker B. Svantesson

This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content.


Author(s):  
Luiz Fernando Marrey Moncau ◽  
Diego Werneck Arguelhes

Between 2009 and 2014, Brazilian civil society groups and government engaged with and ultimately approved the Marco Civil da Internet (Civil Rights Framework for the Internet). The MCI, which has been considered by some as a ‘Constitution of the Internet’ or as an ‘Internet Bill of Rights’, created a broad set of principles and norms, as well as specific rules, that articulate rights and limitations on the exercise of power on the internet. But how does the MCI measure against the backdrop of global debates on digital constitutionalism? To what extent and in what ways can the enactment of the MCI be considered a landmark for the constitutionalization of the digital environment? This chapter, in order to address those questions, will review the intermediary liability regime before the MCI, the process of approval of the MCI, and how the law is being implemented in practice. Finally, it will analyse the MCI in the light of digital constitutionalism theories.


2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Bias Lintang Dialog

The cases of Copyright infringement in the form of plagiarism is done on the internet at the current often take place between them on social media, blogs and websites done by academics and non-academics by internet users. Copyright infringement is very harmful form of plagiarism is certainly given to copyright are moral rights and economic rights that need to be protected, and should receive protection. This study was conducted to examine and analyze the legal protection of the papers on the internet media if the legal consequences of copyright infringement against papers on the internet media and remedies that can be done if the creators of written works was plagiated by others . In order to achieve the objectives and obtain the data, this research using normative juridical approach qualitatively using secondary data in the form of legislation , legal documents and other legal materials. The results of this study stated that the papers found on the internet is protected by Article 12 of the Law of Copyright and reinforced by Article 25 of the Law on Information and Electronic Transactions . If plagiarism is used by a person or a group of academics then used Minister of Education Regulation  No. 40 of 2010 regarding the prevention of plagiarism . Due to the law of copyright infringement can be a claim for damages , fines and or imprisonment in accordance with the rules of the Copyright Act and, where academics will be subject to administrative sanctions and when done in social media it will be socially sanctioned . Legal remedies that can be done by the creators of the paper when his rights are violated can be through settlement through litigation and non-litigation in accordance with the rules of the Copyright Act . Keywords : Protection Law , Papers , Media Internet


Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.


2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!


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