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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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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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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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