scholarly journals Pushing Back on Stricter Copyright ISP Liability Rules

2021 ◽  
pp. 299
Author(s):  
Pamela Samuelson
Keyword(s):  
United States ◽  
Service Providers ◽  
The United States ◽  
Fundamental Rights ◽  
Safe Harbor ◽  
The European Union ◽  
Internet Service ◽  
Liability Rules ◽  
Stakeholder Interests ◽  
Wide Range

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale. Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and Related Rights in the Digital Single Market. In particular, the Directive’s Article 17 places much stricter obligations on for-profit ISPs that host large amounts of user contents. Article 17 is internally contradictory, deeply ambiguous, and harmful to small and medium-sized companies as well as to user freedoms of expression. Moreover, Article 17 may well violate the European Charter of Fundamental Rights. In the United States, Congress commenced a series of hearings in 2020 on the safe harbor rules now codified as 17 U.S.C. § 512 of the Digital Millennium Copyright Act (DMCA). In May 2020, the U.S. Copyright Office issued its long-awaited study on Section 512, which recommended several significant changes to existing safe harbor rules. The Study’s almost exclusively pro–copyright industry stances on reform of virtually every aspect of the rules notably shortchanges other stakeholder interests. Congress should take a balanced approach in considering any changes to the DMCA safe harbor rules. Any meaningful reform of ISP liability rules should consider the interests of a wide range of stakeholders. This includes U.S.-based Internet platforms, smaller and medium-sized ISPs, startups, and the hundreds of millions of Internet users who create and enjoy user-generated content (UGC) uploaded to these platforms, as well as the interests of major copyright industries and individual creators who have been dissatisfied with the DMCA safe harbor rules.

Banding together for bandwidth: An analysis of survey results from wireless community network participants

First Monday ◽  
2011 ◽  
Author(s):  
Gwen Shaffer
Keyword(s):  
United States ◽  
Sense Of Community ◽  
Service Providers ◽  
The United States ◽  
Resource Mobilization ◽  
Community Networks ◽  
Policy Recommendations ◽  
Internet Service ◽  
Local Politicians ◽  
Survey Results

Using a resource mobilization framework, this study attempts to better understand the factors motivating people to join wireless community networks that enable members to share bandwidth. In addition, the research illuminates ties between this kind of peer-to-peer networking and civic engagement at a broader level. An in depth survey completed by 43 respondents from throughout Europe and North America found that participants in this movement felt a stronger sense of community, as well as were more likely to help elect local politicians and to work on local issue campaigns, after joining WiFi sharing initiatives. The study concludes with proposed policy recommendations—geared toward regulators, legislators and Internet service providers in the United States.

Outsourcing in the United States and Europe

2021 ◽  
pp. 69-80
Author(s):  
John N. Drobak
Keyword(s):  
United States ◽  
European Union ◽  
Labor Unions ◽  
Government Regulation ◽  
The United States ◽  
Fundamental Rights ◽  
Legal Rights ◽  
The European Union ◽  
Shareholder Primacy ◽  
Charter Of Fundamental Rights

Chapter 6 analyzes how the belief in shareholder primacy justified the outsourcing of millions of jobs this century, primarily to China and, under NAFTA, to Mexico. It details the failed attempts in Congress to regulate outsourcing, partly due to lobbying by business but also as a result of the belief that these kinds of activities should be left to the market. The chapter then compares the situation in the United States with the protection of labor and the limits on outsourcing in some countries in the European Union, particularly in Germany. In the European Union, the Charter of Fundamental Rights creates significant legal rights for workers and unions. Not only do many European countries have additional laws protecting labor, they also have a culture respecting the rights of workers. The chapter explains that the prevalent cultural views in the United States toward labor, unions, and government regulation make it impossible to provide similar legal protections for U.S. workers. Nonetheless, the chapter argues that we should not only learn from the E.U. experience, but should also adopt some of the European protections of labor.

scholarly journals Europe vs. the United States: is there a trade-off between mobility and inequality?

2004 ◽  
Author(s):  
Luis Ayala ◽  
Mercedes Sastre
Keyword(s):  
United States ◽  
European Union ◽  
Union Member ◽  
The United States ◽  
The European Union ◽  
General Belief ◽  
International Context ◽  
Trade Off ◽  
Wide Range ◽  
European Union Member States

The aim of this paper is to assess the possible relationships between individual income mobility and inequality in both the United States and selected European Union member states. The main hypotheses to be tested are the existence of notable differences in mobility between the United States and the European Union which could offset the observed differences in inequality, and the possible differences within the European Union. To this end, the principal approaches available to assess differences in mobility among countries have been reviewed and a wide range of indicators has been calculated. The elaboration of different indicators has allowed us to answer one of the questions that have dominated the debate regarding social models and equity. There are important differences among the countries selected. Most of the indicators present Italy and France as the countries with the highest and lowest mobility, respectively. Contrary to general belief, the United States is shown to have intermediate levels of mobility within an international context. Whatever the case, the most significant result is the absence of any clear relationship between inequality and mobility.

scholarly journals Transplanting the United States' Style of Safe Harbour Provisions on Internet Service Providers Via Multilateral Agreements: Can One Size Fit All?

2018 ◽  
Vol 26 (2) ◽  
pp. 369
Author(s):  
Suzi Fadhilah Bt Ismail ◽  
Ida Madieha Abdul Ghani Azmi ◽  
Mahyuddin Daud
Keyword(s):  
United States ◽  
Service Providers ◽  
The United States ◽  
Copyright Holder ◽  
Internet Service Providers ◽  
Similar System ◽  
Internet Service ◽  
Safe Harbour ◽  
Common Purpose ◽  
Pass Through

Ideally, internet service providers (ISP) should not be burdened with policing contents that pass through their services as they have no editorial control over them. The United States Digital Millennium Copyright Act 1998 (DMCA) changes the ball game by making it mandatory on ISPs to take down infringing copyright materials if they received a notice and takedown request from a copyright holder. In exchange, the ISPs enjoy safe harbour from any liabilities that might arise from their user's action. Serious efforts are needed to transpose a similar system via negotiations and multilateral treaties and agreements involving a number of countries such as through the Trans-Pacific Partnership (TPP) Agreement. Despite the withdrawal of the United States’ (US) from the TPP, and in view of the global initiatives of harmonization of intellectual property (IP) laws, this article aims to explore the different system of ISPs’ obligations and liabilities in the twelve TPP member countries. It also examines some of the strengths and weaknesses of each system. It concludes with an argument that whilst some form of safe harbour should be created to assist IP right owners in policing their right, the US private notice and takedown system is not without its flaws and hence, other existing systems which are adopted in some of the TPP member countries are equally feasible and serve a common purpose in tackling the issue of copyright infringement vis-à-vis ISP liability. Eventually, there is no compelling reason to impose one single system on all the TPP member countries to police the internet via ISP liability.

scholarly journals Complexities and prospects euro-atlantic policy L. D. Kuchma

2019 ◽  
Vol 48 (2) ◽  
pp. 12-19
Author(s):  
Maxim Vitrak
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Relations ◽  
United States Of America ◽  
The United States ◽  
State Building ◽  
The European Union ◽  
Wide Range ◽  
The Russian Federation ◽  
The Eu

The article examines the Euro-Atlantic direction of Ukraine's foreign policy during Leonid Kuchma's tenure as President of Ukraine (1994-2004) and the peculiarities of the foreign policy "multi-vector". The historiography and the source base of the article are analyzed. The author of the article examines the evolution of foreign policy of L.D. Kuchma on the Euro-Atlantic direction. A brief analysis of the priorities of Leonid Kuchma's foreign policy is made. The author emphasizes on those cautious steps in foreign policy that Leonid Kuchma took to preserve Ukraine's sovereignty while maneuvering between such centers of geopolitical gravity as Russia, the EU and the United States of America. The influence of international factors on the process of Ukrainian state-building was noted, the main problems and peculiarities of Ukraine's becoming a subject of international relations were analyzed. In the article the author expresses his own belief that the personality of Leonid Kuchma played a significant role both in the achievements of Ukrainian diplomacy on the path of Euro-Atlantic integration and in failures along the way. Analyzing Leonid Kuchma's Euro-Atlantic strategy, the author concludes that even profile experts, especially those who criticize Kuchma's actions, do not fully understand the position of international partners, in particular, the economic and political pressure exerted by the governments of the United States of America., The European Union and the Russian Federation for the activities of the second President of Ukraine, and the existence of political arrangements, which have been reported recently in open sources, are not always taken into account. These factors were taken into account by the author of the article. It is argued that multi-vector politics have become a landmark in Ukrainian history. Studying this aspect of Ukraine's foreign policy will be useful and interesting for a wide range of specialists, a source for understanding the root causes of many contemporary problems in Ukraine.

scholarly journals Liability of Internet Service Providers for Online Copyright Infringement: International Experience and Recommendations for Vietnam

2021 ◽  
Vol 37 (2) ◽  
Author(s):  
Nguyen Bich Thao ◽  
Le Hong Linh ◽  
Khuc Thi Phuong Anh ◽  
Nguyen Hoang Quynh
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Service Providers ◽  
The United States ◽  
Property Law ◽  
Internet Service Providers ◽  
The European Union ◽  
Internet Service ◽  
Intellectual Property Law ◽  
Internet Users

The advent of the Internet has posed unprecedented challenges on enforcing copyright. Online copyright infringements are pervasive, while it is not easy to impose liability on direct infringers, i.e., Internet users. This leads to a debate over whether online platforms or online intermediaries, which are often named “Internet Service Providers” (ISPs), should be held liable for these infringing activities or not, and if so, how to balance between Internet freedom, technological innovation and the need for effective copyright enforcement in the digital era. The aim of this paper is to provide answers to these questions by analyzing ISP’s liability from different international approaches such as the United States, the European Union, and China; hence, some experience for Vietnam could be drawn. Finally, the authors make recommendations to address the shortcomings in Vietnam’s intellectual property law with respect to ISP’s liability. This research is perfectly timing, given that Vietnam is amending its Intellectual Property Law to implement its commitments under the new generation free trade agreements and to meet the demand of the Fourth Industrial Revolution

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