Intellectual Property Liability of Consumers, Facilitators, and Intermediaries
With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following:
- ISP liability;
- contributory and secondary liability for trade mark, copyright, and patent infringement;
- time- and geo-shifting devices and services;
- consumer identification through dynamic IP addresses;
- infringements committed on a “commercial scale”;
- liability of hosting providers;
- requirements for a breach of duty of care;
- notice to users to refrain from infringements;
- filters and other due diligence measures;
- “actual knowledge”;
- privacy and infringers’ personal data;
- file sharing services;
- online storage services; and
- liability of transporters and freighters.
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Chapter 1. Comparative Concepts; A. K. Sanders.
Chapter 2. Concepts under Common Law; D. Llewelyn.
Chapter 3. The Position in Germany; J. B. Nordemann.
Chapter 4. The Position in France; S. Nérisson.
Chapter 5. The Position in Italy; A. Bellan.
Chapter 6. The Position in the United States; I. Calboli.
Chapter 7. The Position in Japan; T. Ueno.
Chapter 8. The Position in Korea; Byung-Il Kim.
Chapter 9. The Position in Australia and New Zealand; G. Austin.
Chapter 10. The Case of Patents; C. Heath.
General Index of Cases Sorted According to Jurisdiction.