CEU Electronic Theses and Dissertations, 2017
| Author | Somlea, Radu |
|---|---|
| Title | A comparative analysis of the EU and US trends in regulating intermediary service provider liability |
| Summary | As the internet evolved to a medium that encourages user creation and participation, this was met with a strong need to enforce intellectual property rights and to establish the role of internet service providers in doing so. This thesis discusses the recent regulatory trends in the field of internet service providers’ liability by means of a comparative analysis between the US and EU, since they both provide extensive regulation and case law on this matter and host a big part of the providers’ activity. This paper looks at how these two jurisdictions deal with intermediaries’ liability, draws attention to the important differences between the two and evaluates what are the prospects in this field, giving its own suggestion. A strong emphasis will be put on the key concept of safe harbor, and how it has been applied by the courts. Finally, this thesis differs from other studies in the field by using the comparative analysis of the actual and proposed ISP liability regimes to come up with one of its own. |
| Supervisor | Sganga, Caterina |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/somlea_radu.pdf |
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