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The Role of an Internet Access Provider in Third Party Copyright Infringements: Liability and obligations, are there any?
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2017 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Despite the numerous benefits that Internet brings along for different industries in the contemporary world, it has its downsides too. The features of Internet are prone to be misused and as a side-effect it can be found constituting an appropriate setting for copyright infringing practices. The amount of illegally shared content distributed through Internet based platforms have only been expanding their popularity ever since the first protocols for content sharing were published, and there are no signs for their popularity to face rapid decrease in the future. The rights of the creative works have traditionally been reserved for their authors by laws, however, in the on-line world the effectiveness of intellectual property rights and especially copyrights can be questioned. This phenomena can partly be explained with the fact that the Internet serves a great platform for conducting infringements anonymously, thereby lowering the barriers for average users to enter into copyright infringing conduct. The situation is, however, not so black and white. Regardless of the seeming anonymous nature of the Internet, the Internet access providers have been found to be capable for rejecting the possibilities for such infringing conduct and furthermore to disclose the identities of the owners of certain Internet subscriptions from which the alleged illegal conduct has been conducted. The Internet access providers, however, do not usually bear interest in the copyright related disputes and are often dragged into these proceedings against their will. The Internet access providers can be found playing a vital part in the fight against the copyright violations taking place through the Internet. Indeed, based on this it has been recognised by both the EU legislation and the CJEU case practice that the access providers are indeed a subject to an obligation to cooperate with the right holders seeking remedies against the persons infringing their copyrights through various filesharing platforms. The general rule for this practice has been established in the Information Society Directive that grants the right holders a right for seeking injunctions against the access providers in order to stop the infringing activity, or at least to reduce the amount of such conduct. The matter, however, is not that straightforward, and as established on the CJEU case law, also the interests of the access providers and further the end-users are to be taken into account. Furthermore, regardless of the fact that the access providers indeed offer the platform and thereby facilitate the said copyright violations, it has been established by the EU law that no liability shall be imposed on the access providers, provided that they have not been aware, nor had part in the said infringements.

Place, publisher, year, edition, pages
2017. , 63 p.
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-324433OAI: oai:DiVA.org:uu-324433DiVA: diva2:1110043
Educational program
Master Programme in Intellectual Property Law
Supervisors
Examiners
Available from: 2017-07-05 Created: 2017-06-15 Last updated: 2017-07-05Bibliographically approved

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