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The Internet and the protection of intellectual property-the scope of liability of individual persons within the law of the European Comunities and the USA.
Kaspřík, Tomáš ; Císařová, Zuzana (advisor) ; Žikovská, Petra (referee)
THE INTERNET AND THE PROTECTION OF INTELLECTUAL PROPERTY-THE SCOPE OF LIABILITY OF INDIVIDUAL PERSONS WITHIN THE LAW OF THE EUROPEAN COMUNITIES AND THE USA Internet service providers' (or online service providers') liability for the copyright infringement incurred by an individual user of the Internet is not an absolutely new issue anymore. Not later than in 1998, the U.S. legislators enact the Digital Millennium Copyright Act (DMCA). This amendment to the US copyright law introduces the concept of ,,safe harbor" that limits the online service providers' liability when they act only as a passive conduit and at the same time they do not have actual knowledge of the copyright infringement incurred through their systems. In the absence of such actual knowledge, they may not be aware of facts or circumstances from which infringing activity is apparent. Furthermore, an Online service provider is obliged upon obtaining such knowledge or awareness (e.g. by obtaining a notice), to act expeditiously to remove, or disable access to, the material. This requirement is well known as a ,,take down notice procedure". As a response to the U.S. regulation, in 2000, the European Commission and the European parliament pass the ,,so called" E-commerce directive regulating the liability of above mentioned subjects in...
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