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Use of Work of Art in the Internet Environment and Liability Relationships
Bradna, Jakub ; Žikovská, Petra (advisor) ; Holcová, Irena (referee)
Use of Work of Art in the Internet Environment and Liability Relationships Abstract This thesis deals with the use of work of art in the Internet Environment and liability relationships arising on the Internet. The thesis examines the essential concepts that accompany the use of works on the Internet, their historical development and context. In particular, the author's exclusive right of communication to the public, the violation of which gives rise to a copyright tort, or the definition of an Internet service provider (ISP) under various EU legal regimes. The thesis also offers a summary of the most important aspects of the most recent applicable EU digital legislation (DSM and DSA), as well as a reflection on lessons learned from the enforcement of previous digital legislation. The thesis defines the conditions for limiting the liability of ISPs, the so-called safe harbor, and the consequences of leaving the safe harbor. This thesis offers a comparison between the American and European concepts of safe harbor. The thesis describes the construction of the copyright tort that may arise after the loss of safe harbor protection, assuming that the ISP is directly or secondarily liable. The thesis offers a brief summary of unfair competition and criminal liability as well. This thesis pays particular attention...
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Liability of information society services provider for the storage of information provided by a recipient of the service
Jirovský, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Thesis title: Liability of information society services provider for the storage of information provided by a recipient of the service This paper deals with a special liability rules for service providers that play a key role in the Internet environment and provide hosting services. Objectives of this paper are to specify the concept of the ISP, describe related current issues and above all to present and analyse the drafted legislation, which was presented by the European Commission at the end of 2016 and which has the potential to significantly influence the elaborated issues. In order to achieve the aforementioned objectives, the thesis identifies the legislation dealing with this issue and describes the relationship between the European and Czech regulations. It also further specifies the essential conditions for the attainment and subsequent preservation of a Safe Harbour, which excludes the application of general liability rules. It also deals with the ISP's no obligation to monitor the information they store. In connection with the above-mentioned matter, this thesis analyses important decision- making practice, which presents advanced interpretation of the issue and the development of SDEU's approach to the status of ISP in general. In its practical part, this paper focuses on the...
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Liability of information society services provider for the storage of information provided by a recipient of the service
Jirovský, Jakub ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Thesis title: Liability of information society services provider for the storage of information provided by a recipient of the service This paper deals with a special liability rules for service providers that play a key role in the Internet environment and provide hosting services. Objectives of this paper are to specify the concept of the ISP, describe related current issues and above all to present and analyse the drafted legislation, which was presented by the European Commission at the end of 2016 and which has the potential to significantly influence the elaborated issues. In order to achieve the aforementioned objectives, the thesis identifies the legislation dealing with this issue and describes the relationship between the European and Czech regulations. It also further specifies the essential conditions for the attainment and subsequent preservation of a Safe Harbour, which excludes the application of general liability rules. It also deals with the ISP's no obligation to monitor the information they store. In connection with the above-mentioned matter, this thesis analyses important decision- making practice, which presents advanced interpretation of the issue and the development of SDEU's approach to the status of ISP in general. In its practical part, this paper focuses on the...
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Liability of internet servis providers for copyright infringement on the internet
Mlynář, Vojtěch ; Žikovská, Petra (advisor) ; Císařová, Zuzana (referee)
This paper discusses the history and recent developments pertaining to ISPs' liability for copyright infringement in the European Union. Section I. explains ISPs' basic roles on the Internet, discusses practical grounds justifying a special liability regime for ISPs and outlines the EU legal framework providing safe harbor provisions for ISPs' liability and transposition of these rules into the legal system of the Czech Republic. Section II. describes how judicial decisions in the EU Member States eroded safe harbor rules and how these decisions were subsequently overturned by the Court of Justice of the European Union (CJ). The section continues with an examination of the latest judgment of the CJ in UPC Telekabel Wien concerning new rules (or lack thereof) for website-blocking injunctions. Section III. discusses notable examples of EU Member states' legislation or legislative proposals which aimed to put a stop to "online piracy" and copyright infringement. Considerable part of this section analyzes the recent controversial system set up by the Italian communications regulator AGCOM. Section IV. describes examples of increasing voluntary collaboration between ISPs and content owners, which has the potential to effectively combat online piracy and benefit all parties involved. Section V. explores...
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