scholarly journals Toward an Epistemology of ISP Secondary Liability

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Service Providers ◽  
Common Law ◽  
The United States ◽  
Internet Service ◽  
Legal Provisions ◽  
Contributory Infringement ◽  
Corporate Entity ◽  
Sociotechnical Networks ◽  
The Common ◽  
Secondary Liability

At common law, contributory infringement for copyright infringement requires 'knowledge' of the infringing activity by a direct infringer before secondary liability can attach. In the United States, the 'safe harbor' provisions of the Digital Millennium Copyright Act, that shield Internet Service Providers (ISPs) from secondary copyright liability, are concomitantly available only to ISPs that lack the common law knowledge prerequisites for such liability. But this leads to the question of when a juridical corporate entity can be said to have 'knowledge' under the statute. Legal institutions have well-established processes for inferring the knowledge state of natural persons, but corporations are complex sociotechnical networks of human and non-human elements whose information state does not map well onto such inferential methods. This question is of course not unique to copyright liability; corporate entities may be responsible for 'knowing' actions under a variety of applicable legal provisions, and the question of corporate knowledge is generally under theorized. But consideration of ISP 'knowledge' in this context points the way to consideration of corporate epistemology that must be foundational to determining corporate responsibility in copyright protection.

scholarly journals The Communications Decency Act of 1996: Why § 230 is Outdated and Publisher Liability for Defamation Should be Reinstated Against Internet Service Providers

2008 ◽  
Vol 8 ◽  
Author(s):  
Matthew G. Jeweler
Keyword(s):  
Service Providers ◽  
Common Law ◽  
Third Party ◽  
The Internet ◽  
Internet Service Providers ◽  
Internet Service ◽  
The Common ◽  
Defamation Law

 When Congress enacted § 230 of the Communications Decency Act ("CDA")1 it changed the landscape of defamation law on the Internet. In the eleven years since Congress passed § 230, courts have interpreted it broadly, giving seemingly complete immunity to internet service providers ("ISPs") and website operators in third-party claims for defamation committed on the Internet.2 This essay argues that today, with the Internet being the dominant medium that it is, the CDA is outdated and unfair, and should be amended or repealed in favor of the common law framework for publisher liability in defamation.3

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

Law and Lawyers in the United States: The Common Law under Stress

1967 ◽  
Vol 80 (4) ◽  
pp. 916
Author(s):  
Lord Denning ◽  
Erwin N. Griswold
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
The Common

The Diffuse and Second Look Models of Judicial Review

2021 ◽  
pp. 23-34
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Latin America ◽  
Judicial Review ◽  
Common Law ◽  
The United States ◽  
Constitutional Court ◽  
Bill Of Rights ◽  
The United Kingdom ◽  
Second Look ◽  
The Common

This chapter examines the two models of judicial review that exist in the common law countries: the Diffuse Model and the Second Look Model. The Diffuse Model of judicial review originated in the United States and has spread to India, Canada, Australia, the United Kingdom, most of the countries of Latin America, the Scandinavian countries (except for the Netherlands), and Japan. It is premised on the idea that a country’s written constitution is its supreme law and that courts, when deciding cases or controversies that are properly before them, are thus duty-bound to follow the constitution, which is supreme law, and not a contrary statute whenever those two items conflict. Meanwhile, the essence of the Second Look Model of judicial review is that a Supreme or Constitutional Court ought to have the power of judicial review, subject to some kind of legislative power of override. This, it is said, best harmonizes the advantages of a written constitution and a bill of rights enforced by courts with the imperatives of democratic self-government. The underlying goal is to obtain the advantages of both constitutional government and also of democratic government.

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