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Browsing by Author "Chillemi, Cristopher"

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  • Chillemi, Cristopher (2016)
    The research focuses on the roles and responsibilities of online intermediaries in respect to illegal content uploaded by their users. Online sale of goods infringing intellectual property rights (IPR) will be the main topic of the research. European legislation on the responsibility of online intermediaries established the so called “safe harbour” shielding intermediaries from liabilities for the conduct of their users. This system allowed internet companies to thrive but at the same time it is exploited by some users to abuse IPRs. During the last decade and a half many legal and non-legal researchers have looked at how intellectual property owners fight back against illegal content. In practice, notices of infringements are sent to online intermediaries requesting to takedown the infringements. The latter should respond quickly to maintain their legal immunity. This extrajudicial system causes various hazards and as main critics claim it also lacks transparency and accountability. Information on procedures, notices and decision making by online intermediaries operating marketplaces are not publicly disclosed. Within this context the research first looks at main weaknesses of the current legal framework, and then investigates how policy makers could change notice and takedown procedures to safeguard all competing interests. Information gained by the author’s direct experience in protecting IPRs on online marketplaces will be used to help propose a possible new legal classification of infringement notices and their requirements.