Seminar: Recent Intellectual Property issues in Internet Service Providers

By Ismael Peña-López
ICTlogy (ISSN 1886-5208). Issue #61, October 2008

 

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

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2008) “Seminar: Recent Intellectual Property issues in Internet Service Providers” In ICTlogy, #61, October 2008. Barcelona: ICTlogy.
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