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The liability of service providers in e-research infrastructures: killing the messenger?

  • Hosting Providers play an essential role in the development of Internet services such as e-Research Infrastructures. In order to promote the development of such services, legislators on both sides of the Atlantic Ocean introduced “safe harbour” provisions to protect Service Providers (a category which includes Hosting Providers) from legal claims (e.g. of copyright infringement). Relevant provisions can be found in § 512 of the United States Copyright Act and in art. 14 of the Directive 2000/31/EC (and its national implementations). The cornerstone of this framework is the passive role of the Hosting Provider through which he has no knowledge of the content that he hosts. With the arrival of Web 2.0, however, the role of Hosting Providers on the Internet changed; this change has been reflected in court decisions that have reached varying conclusions in the last few years. The purpose of this article is to present the existing framework (including recent case law from the US, Germany and France).

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Author:Paweł KamockiGND
Parent Title (English):Proceedings of the ninth conference on international language resources and evaluation (LREC'14), May 26-31, 2014
Publisher:European Language Resources Association (ELRA)
Place of publication:Reykjavik, Iceland
Document Type:Conference Proceeding
Year of first Publication:2014
Date of Publication (online):2014/11/12
Contributing Corporation:European Language Resources Association
hosting provider; liability; service provider
GND Keyword:Haftung; Provider; Service provider
First Page:4220
Last Page:4224
DDC classes:300 Sozialwissenschaften / 340 Recht
Open Access?:ja
Licence (German):License LogoUrheberrechtlich geschützt