Seminar: Recent Intellectual Property issues in Internet Service Providers

Research seminar by professor Miquel Peguera at UOC headquarters about cyberlaw, focussing on ISP liability related to Intellectual Property Rights (mainly under the Spanish law).

Webs with links to P2P files

The case of Sharemula.com: main entertainment firms claim IP violation, because the site links (eD2k links) to files protected by copyright, shared in P2P networks. As Sharemula does not host itself the files, the site is not liable for copyright infringement.

Google Cache

The case of Megakini.com: quoting text in the search results is fair use; forbidding caching would be extending authors’ rights beyond its purpose.

(Surface) links

The case of Iura Rech: linking a web site is not a crime, but the link should be removed under petition.

Adwords

The conflict between organic searches in Google and Google Adwords: a trademark can be bought as search term (a Google adword) by an institution that does not own that trademark. For instance: adidas.

Two claims: to Google for selling that trademark; to third parties, for inducing mistakes or appropriation of other’s trademarks.

Law is not clear and it really depends on the country, the claiming and defendand parties, etc.

Video Hosting

The case of Viacom, the case of Tele5 vs. YouTube: in principle, ISPs are not liable for hosting third parties’ content. But e.g. YouTube goes beyond just hosting third parties’ content. So, what’s the solution?

The case of Io vs. Veoh: Veoh has not been found liable.

Auctions

Is eBay liable for publicising sales of pirate products?

Blogs: comments and data protection

Personal data appearing in blog comments is not liable for infringing both (Spanish) LOPD and LSSI, as it is assumed that the blog is like an ISP, whose liability beings when it is noticed about the illegal/infringing content.

More info

Miquel Peguera (forthcoming) When the Cached Link is the Weakest Link: Search Engine Caches under the Digital Millennium Copyright Act. In Journal of the Copyright Society of the USA

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Course: Network Society: Social changes, organizations and citizens – Definitive programme

A couple of months ago we already announced the course Network Society: Social changes, organizations and citizens.

Finally, we have been able to set up the definitive programme for the course and all the details concerning its organization. The making of both the programme and the sponsorships has been quite an issue, but we believe that we, at last, succeeded in creating a valuable proposal for all those interested in the analysis of the changes that our society faces and the role of technology and culture in the whole set.

There are circa 200 people attending the course and we hope it will become an opportunity to create (and shift towards the Net) an open and critical conversation about the so-called “network society”. Registration closes on Monday October 6th.

The sessions will take place at the Centre de Cultura Contemporània de Barcelona (CCCB), c/ Montalegre 5. We’ve uploaded a wiki (multilingual) where the attendees can introduce themselves, share information and coordinate things like accommodation (the organization has not any agreement with any hotel) transportation or possible parallel activities that anyone might be willing to promote.

The programme is, hence, as follows:

NETWORK SOCIETY:
SOCIAL CHANGES, ORGANIZATIONS AND CITIZENS


Day 1 – Wednesday 15 October

Introduction
09h00 – 09h30 : Opening
09h30 – 10h30 : Juan Freire – Presentation of the course

State of development of the Network Society
Chairs: Ismael Peña-López
11h00 – 12h30 : Irene Mia

Organizations in the Network Society
Chairs: Genís Roca
12h30 – 14h00 : Enrique Dans
16h00 – 17h00 : Santiago Ortiz

Citizenship in the Network Society (I)
Chairs: Marc López
17h30 – 19h00 : Carol Darr


Day 2 – Thursday 16 October

09h00 – 09h30 : Juan Freire – Presentation of the day

Citizenship in the Network Society (II)
Chairs: Marc López
09h30 – 11h00 : Tom Steinberg

Communication in the Network Society
Chairs: Antoni Gutiérrez-Rubí
11h30 – 13h30 : Diálogo Josu Jon Imaz y Miquel Iceta
16h00 – 17h30 : Andrew Rasiej
17h30 – 19h00 : Gumersindo Lafuente


Day 3 – Viernes 17 October

Innovation in the Network Society
Chairs: Ismael Peña-López
09h00 – 10h30 : Carlos Domingo
10h30 – 12h00 : Ethan Zuckerman

Closing
Chairs: Juan Freire
12h30 – 14h30 : Round Table
14h30 – 15h00 : Closing

Some more info about the course:

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