|
|
Copyright infringement using cyberspace
Součková, Kateřina ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
5 Abstract Copyright infringement using cyberspace The topic of this diploma thesis is copyright infringement within cyberspace. The author aims to define the current approach to the liability of individual Internet users and Internet service providers for copyright infringement, especially in the context of criminal liability. In the introductory chapter, the thesis deals with the concept of cyberspace, its distinction from the Internet, and the development of law therein. The author then expands on the topic of development of the scope of law on the Internet in the following chapter, where she focuses on the applicable law for non-contractual obligations arising from Internet copyright infringement. The current approach to determining the international jurisdiction of courts is then outlined. The scope of criminal law in cyberspace is covered in the next chapter when the relevant provisions of the Cybercrime Convention are discussed. In the next part of the thesis, the author focuses on the crime of copyright infringement, the element of not insignificant interference according to the Czech Criminal Code, and cases of its fulfillment within the Internet network. Concerning the nature of the Internet, the copyright law, its subject matter, content, exceptions, and limitations are then defined. In the...
|
|
|
The Internet and copyright-the scope of liability of individual parties involved (webhosting, connection providers...) and modes of protection against piracy (identification and punishment of a pirate...)
Kvasnička, Filip ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The main goal of this thesis is to analyse to what extent piracy on today's Internet is spread; who is responsible for unlawfully shared files from the legal point of view; how it is fought against copyright infringement; how it is possible to identify a person being responsible for copyright infringement and with what kind of punishment the person is to be charged. Moreover, this thesis focuses on in what way the issues mentioned above could develop and presents an outline of legislation changes which would lead to more effective copyright enforcing. The main reason why I have chosen the topic "The Internet and copyright - the scope of responsibility of particular subjects (webhosting, the Internet provider…) and means of protection against piracy (the pirate identification and their punishment…)" is that I find this law field very dynamic and likely to develop further, which makes it appropriate for my future career. What is more, I am close and interested in IT myself. I also believe that the real "boom" of lawsuits has not come to the Czech Republic yet resulting in a good opportunity. This work is divided into nine chapters, each chapter being split into several subchapters following the logical order. In the first chapter the reader is informed that piracy and fighting against it is not a...
|
|
|
Selected legal aspects of liabilities vis-á-vis relationships on the internet
Kandráč, Michal ; Žikovská, Petra (advisor) ; Dobřichovský, Tomáš (referee)
Selected legal aspects of liabilities vis-á-vis relationships on the Internet Abstract This rigorous thesis examines, through explanatory and interpretative methods, whether the Czech regulation provides for effective and proportionate application of legal liability within the Internet while focusing on copyright infringements committed on the Internet. The thesis consists of four structured chapters in which the author defines relevant theoretical and practical issues and then conducts his own analysis of the examined issue. In the first part of this thesis, the author describes the historical development and functioning of the Internet, including the key actors shaping the Internet environment. By using historical and systematic interpretation, the author suggests that the trend of human interaction with the Internet has been increasing over time, which also leads to the increase in Internet torts. In the second part of this thesis, the author defines the scope of legal liability within the Internet according to legal theory and the Czech legal system while considering selected specifics of the application of legal liability in the Internet environment. In this context, the author concludes that the effective legal regulation indirectly motivates injured parties to enforce their claims arising from...
|
|
|
Copyright infringement in cyberspace
Maschke, Kryštof ; Gřivna, Tomáš (advisor) ; Šelleng, Dalibor (referee)
The aim of this thesis is to present the issue of copyright infringement in cyberspace. I choose it because it is very dynamic and actual topic, connected with modern technologies. Sometimes the legislator is not able to react on new technologies properly, they are just too fast. From that reason in several chapters i am focusing on important court decisions. The work itself is divided into 7 chapters. The first chapter describes the difference between the Internet and Cyberspace. Subsequently, I define the Cyberspace and divide it into individual parts, which are described in more detail. This will allow us to better understand the space in which we are moving and what are the differences from the real world . The second chapter focuses on legal protection of copyright. It is internally divided into three parts. In the first, I am describing historical development of copyright and important international treaties. Then I am focusing on copyright on the level of European Union. Finally, I deal with domestic legislation. I explain how copyright in Czech republic looks like, and how is protected as well as how the work of authorship is protected by the criminal law. The whole chapter ends with an analysis of case law about damages by the Supreme Court. The third chapter explores digital right management....
|
|
|
Legal Protection of Works of Copyright on Social Networks
Kadlecová, Gabriela ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Legal Protection of Works of Copyright on Social Networks This thesis is focused on the legal aspects of the works of copyright protection on social networks. The thesis in its introduction defines the term of social network, in particular as the service of the internet service provider, and furthermore it deals with the nature of the contractual relation between the social network service provider and its user. The thesis deals with the definition of 'work of copyright' in relation to social networks, while the rights of the author to his or her work of copyright published on the social network are defined. Furthermore, the thesis deals with the possibility of rightful use of the works of copyright published on the social networks by other entities than authors of such works. The thesis defines the scope of the licences provided to the social network service provider, another users of the social network and the to another non-user entities. In relation to this the thesis is based on the terms and conditions of the currently largest social networks (in the first place it is Facebook, followed by Instagram and YouTube) that are establishing content of the contractual relationship between the social network and its user. In its final part the thesis deals with the legal aspects of an unauthorised use...
|
|
|
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...
|
|
|
The Internet and copyright-the scope of liability of individual parties involved (webhosting, connection providers...) and modes of protection against piracy (identification and punishment of a pirate...)
Kvasnička, Filip ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The main goal of this thesis is to analyse to what extent piracy on today's Internet is spread; who is responsible for unlawfully shared files from the legal point of view; how it is fought against copyright infringement; how it is possible to identify a person being responsible for copyright infringement and with what kind of punishment the person is to be charged. Moreover, this thesis focuses on in what way the issues mentioned above could develop and presents an outline of legislation changes which would lead to more effective copyright enforcing. The main reason why I have chosen the topic "The Internet and copyright - the scope of responsibility of particular subjects (webhosting, the Internet provider…) and means of protection against piracy (the pirate identification and their punishment…)" is that I find this law field very dynamic and likely to develop further, which makes it appropriate for my future career. What is more, I am close and interested in IT myself. I also believe that the real "boom" of lawsuits has not come to the Czech Republic yet resulting in a good opportunity. This work is divided into nine chapters, each chapter being split into several subchapters following the logical order. In the first chapter the reader is informed that piracy and fighting against it is not a...
|
|
|
Russian and Czech specifics of copyright protection in the sphere of audiovisual works
Podgornaia, Kseniia ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The significant part of the diploma thesis is oriented on the aspects of audiovisual content copyright law and the illegal usage in two countries, such as Czech Republic and Russia. The main task is to concentrate on pros and cons of their copyright law protection against content rights infringing, i.e. piracy. For deeper analysis, Czech and Russian laws investigation in details is to be made in relation to the law enforcement to the audiovisual content. Then the comparison of the punishments for the copyright law infringement is to be provided and the results of antipiracy activities within appropriate organizations in mentioned countries is to be considered. Subsequently the theoretical part is to be applied in concrete cases of court practices and finally the conclusion of the whole work is to be made. The value of the diploma thesis lies in the attempt of answering the questions, why piracy still exists in the chosen countries. This question is connected to antipiracy actions and their possible obstructions.
|
guest ::
