Criminal liability of copyright infringement under network environment: centered on internet service providers criminal responsibility

2021 ◽  
pp. 258-288
Author(s):  
Ouyang Benqi
Author(s):  
James Meese

Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the intermediaries that were charged with enabling online copyright infringement, namely peer-to-peer networks and Internet Service Providers. The chapter charts a narrative of gradual acceptance. Whereas initial decisions interpellated peer-to-peer networks as piratical and also as locations where individuals could become interpellated as pirates, by the early twenty-first century, the courts became somewhat more understanding. Instead, they viewed intermediaries as less liable and individuals as users who engaged in copyright infringement, rather than as subjects entirely defined by their piratical actions. I also reflect on how Apple and their customers were able to avoid the pirate moniker during their Rip, Mix, Burn campaign in 2003 and consider on the potential futures of the pirate subject.


2020 ◽  
pp. 1-27
Author(s):  
Ifeoma E. Nwafor ◽  
Ndubuisi Nwafor ◽  
Josiah Alozie

Abstract Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and criminal liability for uploaders of such images. This study adopts a doctrinal approach; it examines key statutes and their interpretation by Nigerian courts while juxtaposing it with the law and practice in the United Kingdom. The United Kingdom was undertaken as a case study because it has a developed jurisprudence which can provide lessons for Nigeria. This study found that the current state of laws in Nigeria is ill-equipped to tackle the menace of revenge pornography. The objective of this study is to offer insights on the prevalence of revenge pornography in Nigeria and suggest legal solutions to address this phenomenon. It canvasses for a non-consensual pornography provision that would criminalise the act of revenge pornography in Nigeria. It also makes a case for cyber-censorship of contents by internet service providers and the need for third-party liability.


ADALAH ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Munadhil Abdul Muqsith

Abstract:The internet developed for the first time in Indonesia in the early 1990s. Starting from the pagayuban network, it is now expanding without boundaries anywhere. A survey conducted by the Indonesian Internet Service Providers Association (APJII) said that the number of internet users in Indonesia in 2012 reached 63 million people or 24.23 percent of the country's total population. Next year, that figure is predicted to increase by close to 30 percent to 82 million users and continue to grow to 107 million in 2014 and 139 million or 50 percent of the total population in 2015. million people. This matter also results in political communication with the internet media, or is often said to be cyber politics. Cyber politics in Indonesia has faced growth in recent years. There are many facilities that support the growth of cyber politics, such as Facebook, Twitter, mailing list, YouTube, and others.Keywords: Cyberpolitik, Internet  Abstrak:Internet berkembang pertama kali di Indonesia pada awal tahun 1990-an. Diawali dari pagayuban network kini berkembang luas tanpa batas dimanapun juga. Suatu survei yang diselenggarakan Asosiasi Penyelenggara Jasa Internet Indonesia (APJII) mengatakan kalau jumlah pengguna internet di Indonesia tahun 2012 menggapai 63 juta orang ataupun 24,23 persen dari total populasi negeri ini. Tahun depan, angka itu diprediksi naik dekat 30 persen jadi 82 juta pengguna serta terus berkembang jadi 107 juta pada 2014 serta 139 juta ataupun 50 persen total populasi pada 2015. juta orang. Perihal ini pula berakibat pada komunikasi politik dengan media internet, ataupun kerap diucap dengan cyber politic. Cyber politic di Indonesia hadapi pertumbuhan sebagian tahun terakhir. Banyaknya fasilitas yang menunjang pertumbuhan cyber politic semacam terdapatnya facebook, Twitter, mailing list, youtobe, serta lain-lain.Kata Kunci: Cyberpolitik, Internet 


2019 ◽  
Vol 10 (2) ◽  
pp. 168-177
Author(s):  
Haerdiansyah Syahnur ◽  
Jafar Basalamah

This study aimed to analyze the customer experience seen from the level of actual performance and the level of importance of services provided by internet service providers PT. XYZ in Makassar City. Variables and attributes issued by TM Forum GB 912 consisting of Customer Management, Fulfillment, Assurance, and Billing, are used to analyze the performance provided by customer service in the field. The analysis technique will be carried out using the Importance Performance Analysis and Customer Satisfaction Index consisting of quadrant analysis and gap analysis used to investigate customer satisfaction and identify variables whose performance is deemed to need improvement. Data were collected using a platform-based questionnaire application from 100 respondents selected using random sampling techniques. The results showed that customers were satisfied with the performance and quality of services provided. The customer satisfaction index value obtained by CSI analysis shows a value of 82.006%. In conclusion, that the Fulfillment variable is a service variable that is considered the most important customer and requires improvement because its performance is still relatively low. While the variables considered good and need to be maintained are the Billing variable. Other service variables are sorted based on priority of improvement in a row, namely Fulfillment, Customer Management, and Assurance.


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