Case Study on the Liability of the Online Content Sharing Service Providers : With an analysis on Korean Supreme Court’s decision

2020 ◽  
Vol 1 (1) ◽  
pp. 27-38
Author(s):  
Jae-jin Kim
2020 ◽  
Vol 6 (1) ◽  
pp. 100-114
Author(s):  
Isabel Espín Alba

Digital technologies have transformed the way creative content protected by copyright is created, produced, distributed and accessed. The Directive on Copyright in the Digital Single Market aims to update copyright rules, taking into account changes in these paradigms. Of all the aspects of the reform, this paper critically analyses the content of Article 17, in order to deal with the so-called value gap that forced a change in the liability regime of the online content sharing service provider.


2021 ◽  
pp. 416-416
Author(s):  
Eleonora Rosati

This chapter talks about Chapter 30 of Directive 2019/790, a copyright directive of the Digital Single Market in Europe. It mentions the plan of the Commission to carry out a review of this Directive and present a report on the main findings to the European Parliament, the Council, and the European Economic and Social Committee on 7 June 2026. It also mentions the assessment of Commission on 7 June 2024 of the impact of the specific liability regime set out in Article 17 of Directive 2019/790 regarding online content-sharing service providers that have an annual turnover of less than EUR 10 million. The chapter cites services that have been available to the public in the Union for less than three years under Paragraph 6 of Article 17. It reminds Member States to provide the Commission with the necessary information for the preparation of the report that will be presented on 7 June 2026.


2021 ◽  
pp. 301-359
Author(s):  
Eleonora Rosati

This chapter describes Article 17 of Directive 2019/790, a copyright order in the Digital Single Market, which talks about the use of protected content by online content-sharing service providers. It talks about an online content-sharing service provider that can perform an act of communication to the public or an act of making available to the public when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. It also outlines how an online content-sharing service provider can obtain an authorisation from the rightholders by concluding a licensing agreement. The chapter analyzes the performance of an online content-sharing service provider of an act of communication to the public or an act of making available to the public under the conditions laid down in Directive 2019/790. It highlights how online content-sharing service providers will be liable for unauthorised acts of communication to the public if no authorisation is granted.


2019 ◽  
Author(s):  
Julien Déry ◽  
Angel Ruiz ◽  
François Routhier ◽  
Marie-Pierre Gagnon ◽  
André Côté ◽  
...  

BACKGROUND Queueing patients on waiting lists is a common practice to manage access to rehabilitation services. To increase fairness and equity in access, a strategy emerging from the literature is patient prioritization. The goal is for patients with the greatest needs to be treated first and for patient wait times to be determined objectively on the basis of explicit criteria. Selecting criteria, however, is a complex task because it is important to simultaneously consider the objectives of all stakeholders. OBJECTIVE The aim of this study was to compare service users’ and service providers’ perspectives regarding patient prioritization criteria in two rehabilitation programs. METHODS We conducted a multiple case study in two rehabilitation programs at the Centre intégré universitaire de santé et de services sociaux de la Capitale-Nationale in Quebec City (Canada), i.e. a driving evaluation program (DEP) and a compression garment manufacturing program (CGMP). We sent a web-based survey asking two groups (patients and providers) of informed stakeholders to individually produce a set of criteria. We then conducted an inductive thematic analysis where each group’s individual answers were coded and combined in a single set of criteria. RESULTS Stakeholders from the DEP identified a total of 22 criteria to prioritize patients while those from the CGMP listed 27 criteria. Providers shared 76% of the criteria mentioned by patients. Some criteria, such as age, occupation, functional level, pain, absence of caregiver, and time since referral, were considered important by both stakeholders in both programs. CONCLUSIONS Patients and providers tended to have similar opinions about a majority of the criteria to prioritize patients in waitlists. Nonetheless, our study confirms that patients and providers base their choices on different types of knowledge and values, which explains some of the differences observed. Taking into consideration the opinions of all stakeholders concerning prioritization criteria is an important part of the decision-making process, based on a multiple constituency approach.


2021 ◽  
Vol 13 (2) ◽  
pp. 504
Author(s):  
Patrícia Moura e Sá ◽  
Maria João Rosa ◽  
Gonçalo Santinha ◽  
Cátia Valente

This paper aims to measure the quality of the services delivered by a court by assessing the satisfaction of court users and service providers, i.e., magistrates and court officials. For that purpose, a case study was carried out and data were collected by means of a questionnaire based on the SERVPERF instrument, in which perceived service quality is measured, considering court users, magistrates, and court officials’ perceptions of post-service performance. One hundred and fifty-eight questionnaires were successfully returned. An in-depth interview was later conducted to the court administrator to gain a richer understanding of the results achieved and ask follow-up questions. Overall, findings revealed that court users, magistrates, and court officials clearly have a positive view of the services provided, although improvement is needed, particularly in the court’s facilities and technological equipment. The current research sheds some light on the potentialities and difficulties of assessing service quality in the judiciary and contributes to the validation of the SERVPERF instrument in this context.


2021 ◽  
pp. 104973152098560 ◽  
Author(s):  
Katarzyna Celinska

Purpose: This case study is the introspective account of the evaluation process of Functional Family Therapy (FFT) as implemented in Middlesex County in New Jersey between 2005 and 2011. The study presents challenges and issues in evaluation falling into three main categories. Methods: The case study is based on the recollections and documented experiences of the author who was responsible for all major aspects of the evaluation including designing the study, collecting the data, and handling daily evaluation activities. Results: The author differentiated among three main categories of challenges. In respect to research design, the relative merits of experimental versus nonexperimental designs and quantitative versus qualitative research methods are discussed. The second set of issues involves developing and exercising the social competence skills necessary to form working partnerships with service providers. The third set encompasses logistical barriers encountered during daily evaluation activities. Conclusions: The challenges and lessons learned from conducting the outcome evaluation of FFT are situated within scholarly debates on evaluation research, with the goal of providing further insights into the on-the-ground implementation and process of program evaluations. The experiences, recollections and processes illustrate challenges and solutions applicable to evaluations of other family-based violence prevention interventions.


2014 ◽  
Vol 10 (2) ◽  
pp. 61-72 ◽  
Author(s):  
Jennifer Clarke

Purpose – The purpose of this paper is to explore the value of the “capability approach” as an alternative framework for understanding and conceptualising the role of Refugee Community Organisations (RCOs) and other providers for groups conventionally considered “hard to reach”. Design/methodology/approach – A study of the education services of RCOs, drawing primarily on semi-structured interviews with 71 users, is put forward as a case study for how the capability approach can be operationalised. Findings – The capability approach is found to offer various valuable insights, relating to its appreciation of the multi-dimensional nature of human wellbeing, the significance of individual diversity, and the importance of human agency. Research limitations/implications – The case study is based on a relatively small purposive sample, and may have limited external validity. As the research design proved strong for exploring how RCOs develop their users’ capabilities but weak for exploring if and how they may also constrict them, further research in this area is required. Practical implications – A number of valuable attributes of the capability approach are highlighted for broadening the understanding, the role of RCOs and other service providers. Social implications – The paper outlines the potential of the capability approach to contribute to policymaking related to RCOs and other providers, and to debates relating to social exclusion, cohesion and integration. Originality/value – The paper draws attention to the value of the capability approach within the field of migration research.


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