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The liability of the information society service provider for the infringement of copyright
Dědková, Barbora ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
The Liability of the Information Society Service Provider for the Infringement of Copyright Abstract This diploma thesis deals with conditions of emergence and exclusion of liability of internet society service providers (ISP) with a focus on copyright. The thesis first defines the terms, which are essential for understanding of the topic. Then, in second chapter, it delas with copyright on the internet, specifically with the author's right to communicate work to the public, which can be violated in large extent by the internet users or ISPs themselves. In this regard, the thesis focuses on the case law interpretation of the concept of the right to communicate works to the public and conditions under which the ISP themselves may be found to be communicating works to the public without authorization. In third chapter, the thesis the work examines the relevant provisions of the E-Commerce Directive, which outlines the scope of the liability of ISPs providing hosting services. The thesis analyses the conditions of the safe harbour, i.e. the conditions that must be met by these providers in order not to incur liability for content which is stored by the users of their services. The recent CJEU is examined in this regard. In addition, the thesis analyses the prohibition of the general monitoring obligation,...
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