|
Quick Links
Statistics
Total entries in this blog:
Total entries in this category: Published On: Aug 03, 2007 10:45 AM |
Liability for hyperlinking, location tool services and content aggregation servicesThe UK's Department of Trade and
Industry, "mindful of its obligation for evidence based-regulations" has
concluded that there shouldn't be any extensions to the current limitations on
liability of providers of hyperlinks, location tool services and content
aggregation services.
It does urge the European Commission,
however, to take account of the important issues identified during the
consultation process when the EC reviews the Electronic Commerce Directive this
year.
Predictably, there was a massive divergence in opinion between the ISPs and the providers of content (i.e., IP owners). Electronic Commerce Directive here (pdf). The Australian law has some similarities to the EU, but only at a very high level as, through the Free Trade Agreement, we "chose" to go down the much more prescriptive US route. Nonetheless some service providers Down Under may qualify for some protection, at least from allegations of copyright infringement following the implementation of the "ISP" safe harbour provisions in the Copyright Act ss 116AA to 116AJ, but they will have to qualify as "carriage service provider" - a definition so, er, opaque that there was even an inquiry about whether or not it needed to be extended that seems to have sunk without trace (see here). Meanwhile, in the real world, ISPs who help hyperlinking infringers set up and maintain their websites can well be liable for authorising copyright infringement. See here and, at first instance summarised here. The DTI's report is here (pdf). Lid dip to Prof. Manara here. Posted: Monday - February 12, 2007 at 07:41 PM | |