The Liability of Internet Intermediaries

by Jaani Riordan

Overview

Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities.

The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations.

Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.

Product Details

ISBN-13:	9780198719779
Publisher:	Oxford University Press
Publication date:	09/07/2016
Pages:	696
Product dimensions:	6.70(w) x 9.90(h) x 1.00(d)

About the Author

Jaani Riordan, Barrister, 8 New Square

Mr Jaani Riordan is a barrister at 8 New Square, where he is building an intellectual property and technology practice with a focus on cross-border internet litigation. Previously, he was a doctoral student at Magdalen College, Oxford, where his research concerned the secondary liability of internet intermediaries. He has also worked as a solicitor at King & Wood Mallesons in Australia.

Table of Contents

Part 1 - Overview1. Introduction2. Classifying Internet Intermediaries3. Principles of Secondary LiabilityPart 2 - Liability Rules4. Copyright5. Trade Marks6. Defamation7. Privacy and Confidentiality8. Content RegulationPart 3 - Remedies9. General Principles10. Safe Harbours11. Identity Disclosure12. Blocking Injunctions13. De-indexing and Freezing Injunctions14. Costs

Editorial Reviews

"In light of the growing importance of Internet intermediaries, the treatment of their activities and the well-thought out and comprehensive analysis of their actual and potential liabilities make Mr. Riordans work a very welcome and valuable addition to the legal literature and a must-have for the library of any lawyer whose practice involves e-commerce issues." - Sheldon Burshtein (The Trademark Reporter, Vol.106).

"For at least the foreseeable future, this book will remain one of the most authoritative sources of reference on the subject ... the treatment has a practical orientation which will appeal to a range of potential users." - The Commonwealth Lawyer.

"As the internet is now all-pervasive, with a power and influence that is almost unimaginable in scope, this erudite and comprehensive analysis of the liability of its intermediaries should ideally be acquired by every practitioner, especially international lawyers and IP specialists, as well as legal researchers and academics concerned with this fast changing and dynamic area of law." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers.

From the Publisher