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Selected aspects of protection of personality focused on new media
Holubová, Tereza ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
This diploma thesis deals with selected aspects of personality rights protection with focus on new media. It provides analysis of national and EU regulation and presents Czech and European case law on the topic. Deficiencies in laws governing this area and in practices used for protection of personality rights are highlighted as well. The first chapter focuses on the internet law, related phenomena and on the definition of the concept of new media. The following chapter introduces the notion of personality protection as embodied in the constitutional and civil law. Attention is focused on the human rights and on the different personality rights, such as right to protection of the name and appearance, right to dignity, honour and respect and right to privacy. Fake profiles on social media and automatic face recognition techniques are mentioned in this context. Chapter three provides a brief introduction to the data protection and targeted advertising. The following section deals with limitations of personality rights, particularly with conflicts between human rights, with legal licenses, permissions and with typical unlawful interference with personality rights, which can be encountered on the internet. The issue of defamation, hate speech and street view services is discussed in detail....
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ISP Network Optimalization
Čech, Ondřej ; Podermański, Tomáš (referee) ; Grégr, Matěj (advisor)
Bachoelor's thesis is focusing on analysis of network local ISP, detecting actual problems and offering a solution for founded problems. There were problems with broadcast-storm, private address space, RSTP protocol settings and DHCP spoofing. The following changes were introduced: OSPF routing, RSTP override, automatic backup, client separation using DHCP. There has been a reduction in broadcast traffic and associated broadcast-storm.
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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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Current development of the European legislation regarding copyright
Kocarová, Klára ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
This thesis "Current development of the European legislation regarding copyright" deals with the current EU proposals on the modernization of copyright. For the purposes of this work, I have determined as "current" the proposals and documents published between 2015 and 2017 due to the consistency of the pursued objectives and the close interrelation between relevant EU documents. The main target of this work is to present key documents, whether accepted or proposed, to update European copyright for the needs of the digital world. This work is divided into eight chapters representing not only the proposals but also the environment into which they will be incorporated. For this reason, the first three chapters briefly address the introduction of the basic concept of copyright, as well as the harmonization of rights in the EU and the existing legislative framework in Europe (including international treaties and EU measures). In the following chapter, I introduce digitization and the internet as important factors, which affected copyright to such an extent that it appears in some ways to be completely incompatible with modern age. The fifth chapter highlights the main target of the ongoing adaptation of copyright law, which is the creation of a single digital market within the EU. The core parts of...
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The Evolution and the Limits of the Copyright Protection in the Global Information Society
Andruško, Alena
Copyright law is one of the branches of law that has become, with the development of the Internet, the center of interest for different types of stakeholders in the global information society. With the evolution of "Web 2.0", sometimes called the "Participative Web", represented by user-generated content (UGC), and also with the evolution of peer-to-peer (P2P) file sharing and recently cyberlockers, the effectiveness of copyright protection online has become a problem where solutions can be found only with difficulty. Online copyright infringement is a complex phenomenon with a multiplicity of contributing factors. To see and understand these factors one must not only know and understand the territorial and international legal rules governing copyright, but also know and understand the online ecosystem in which copyright infringement takes place, which is impossible without knowing the history, evolution and technical background of the Internet. Only a complex knowledge and understanding of the whole issue enables one to see the full picture and ultimately reveals why the current copyright system sorely needs global review and reform.
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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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Liability of the particular participants of Internet plant and P2P file sharing networks
Steinhauser, Antonín ; Žikovská, Petra (referee) ; Wünschová Pujmanová, Alexandra (referee)
The thesis begins with liability definition, its types (civil, criminal, administrative) and their particular occurences within all legal aspects of internet plant. Then it groups internet plant participants into some categories (users, ISP, definition authorities) and analyzes the liability issue from the point of view of each single category. Also deals with inevitably international nature of internet plant and connected questions of jurisdiction and applicable law. The same chapter explores participant's liability for internet plant and data content, whose originator is someone else, and for ISP role it analyzes its limitation incorporated in legal institute called safe harbor. It describes safe harbor from historical and international perspective and demonstrates it on US and German legislatures. Lastly this chapter compares legal regulations of safe harbour in various countries and adjudicates Czech transposition of its EU framework. As a practical application this theses deals with sharing P2P networks theme (chiefly with BitTorrent) and in the conclusion it proposes legislative changes (de lege ferenda) constiting mainly in objective liability for IP adress.
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Notice and Take Down, on Certain Aspects of Liability of Online Intermediaries
Elbert, Tomáš ; Hendrychová, Michaela (advisor) ; Tichý, Luboš (referee)
5 Abstract The final thesis addresses certain aspects of current topic of online intermediaries' liability for user-generated content ("UGC"). Under Act No. 480/2004 Coll., on certain information society services ("2004 Act on ISS"), which transposes e- Commerce Directive 2000/31/EC, online intermediaries in the Czech Republic benefit from "safe harbours". Essentially, it means that online intermediaries can be held liable for UGC only if they had actual or constructive knowledge of illegality of the content. This rule implicitly creates the so called "Notice and Take Down" procedure ("NTD"). Online intermediary upon receiving a notice, and thereby learning about the illegality of the content, is obliged to expeditiously take down the illegal content in order to preserve his immunity. However, NTD is neither expressly regulated within the ECD nor within the 2004 Act on ISS. Therefore, the purpose of the thesis is to illuminate NTD procedure and provide guidelines for it successful application within the Czech Republic. The thesis should be helpful not only to online intermediaries, but also to aggrieved parties serving notices. For this purpose the thesis looks not only at the ECD and its transpositions in various Member States, but also at American Digital Millennium Copyright Act 1998 that has been the...
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The Evolution and the Limits of the Copyright Protection in the Global Information Society
Andruško, Alena ; Kříž, Jan (advisor) ; Dobřichovský, Tomáš (referee) ; Pítra, Vladimír (referee)
CHARLES UNIVERSITY IN PRAGUE Faculty of Law Institute of Copyright, Industrial Property Rights and Competition Law DOCTORAL DISSERTATION The Evolution and the Limits of the Copyright Protection in the Global Information Society ABSTRACT Author: Mgr. Alena Andruško Supervisor: Prof. JUDr. Dr. iur. h. c. Jan Kříž, CSc. Field of Study: Civil Law Theoretical Legal Science Year: 2015 ABSTRACT Copyright law is one of the branches of law that has become, with the development of the Internet, the center of interest for different types of stakeholders in the global information society. With the evolution of "Web 2.0", sometimes called the "Participative Web", represented by user-generated content (UGC), and also with the evolution of peer-to-peer (P2P) file sharing and recently cyberlockers, the effectiveness of copyright protection online has become a problem where solutions can be found only with difficulty. Online copyright infringement is a complex phenomenon with a multiplicity of contributing factors. To see and understand these factors one must not only know and understand the territorial and international legal rules governing copyright, but also know and understand the online ecosystem in which copyright infringement takes place, which is impossible without knowing the history, evolution and technical...
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ISP Network Management
Svoboda, Filip ; Pavláček, Martin (referee) ; Ondrák, Viktor (advisor)
The subject of this thesis is management of computer network managed by internet service provider in the village Boleradice. Based on the analysis of current management practices weakness in monitoring was revealed. In order to address this issue a server was purchased, on which was installed Nagios, an advanced monitoring tool. The benefit of this project is increased efficiency and improved management of the network and ability to quickly respond to outages of network devices.
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