
Injunctions against Intermediaries in the European Union
Accountable but Not Liable?
Martin Husovec(Author)
Cambridge University Press
Published on 20. December 2018
Book
Paperback/Softback
296 pages
978-1-108-40021-3 (ISBN)
Description
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.
More details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
College/higher education
Product notice
Paperback (trade)
Illustrations
Worked examples or Exercises
Dimensions
Height: 229 mm
Width: 152 mm
Thickness: 16 mm
Weight
399 gr
ISBN-13
978-1-108-40021-3 (9781108400213)
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12/2017
Cambridge University Press
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11/2017
Cambridge University Press
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Person
Martin Husovec is a Slovak-born lawyer and academic. He is Assistant Professor at the Tilburg University, The Netherlands, appointed jointly by the Tilburg Institute for Law, Technology, and Society (TILT) and The Tilburg Law and Economics Center (TILEC). Husovec holds a Ph.D. (awarded summa cum laude) from the Max Planck Institute for Innovation and Competition and Ludwig Maximilian University, Munich. He is also an Affiliate Scholar at Stanford Law School's Center for Internet and Society. His work has been cited by many media outlets including The New York Times and The Washington Post.
Content
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.