Injunctions against intermediaries in the European Union : accountable but not liable? / Martin Husovec.
2017
KJE3954 .H87 2017 (Mapit)
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Author
Title
Injunctions against intermediaries in the European Union : accountable but not liable? / Martin Husovec.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2017.
Copyright
©2017.
Description
xix, 271 pages ; 24 cm.
Series
Cambridge intellectual property and information law.
Formatted Contents Note
Part I. Social and Economic Context. 1. Introduction to the problem
2. Enforcement economics
Part II. European Framework. 3. Historical legislative developments
4. European intermediary liability framework
Part III. Accountable But Not Liable: Injunctions for Assistance. 5. Right to third-party information
6. Conditions for injunctions against intermediaries
7. Scope of injunctions against intermediaries
8. Limits of injunctions against intermediaries
Part IV. Legal Traditions. 9. Injunctions in civil law: Germany
10. Injunctions in common law: England
Part V. Outlook and Conclusions. 11. Global context
12. Conclusions.
2. Enforcement economics
Part II. European Framework. 3. Historical legislative developments
4. European intermediary liability framework
Part III. Accountable But Not Liable: Injunctions for Assistance. 5. Right to third-party information
6. Conditions for injunctions against intermediaries
7. Scope of injunctions against intermediaries
8. Limits of injunctions against intermediaries
Part IV. Legal Traditions. 9. Injunctions in civil law: Germany
10. Injunctions in common law: England
Part V. Outlook and Conclusions. 11. Global context
12. Conclusions.
Summary
"In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KJE3954 .H87 2017
Language
English
ISBN
9781108415064 hardcover
1108415067 hardcover
1108415067 hardcover
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