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Injunctions against Intermediaries in the European Union

Accountable but Not Liable?. Cambridge Intellectual Property and Information Law

By (author) Martin Husovec
Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 20th Dec 2018
Dimensions: w 152mm h 229mm d 16mm
Weight: 400g
ISBN-10: 1108400213
ISBN-13: 9781108400213
Barcode No: 9781108400213
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Synopsis
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

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