Browse by title

You are looking at 1 - 10 of 97,104 items

You do not have access to this content

Folkert Wilman

This chapter contains an in-depth analysis of Article 14 of the e-Commerce Directive. It is shown that the scope of the liability exemption laid down therein is broad, in that it protects qualifying intermediaries from all kinds of liability in respect of all kinds of illegal content that they may store for their users. However, in other ways its scope is limited. Most notably, the liability exemption is subject to the intermediaries concerned taking expeditious action once they know about the illegal content; it does not preclude the issuance of injunctive relief against intermediaries; and it is available only to intermediaries that do not play an active role of such a kind as to give them knowledge of, or control over the content (as per the L’Oréal v. eBay judgment). Article 14 does not set out actual rules on notice and takedown procedures and allows for duties of care specified in national law.

You do not have access to this content

Folkert Wilman

This chapter discusses, first, Article 15 of the e-Commerce Directive, which prohibits Member States from imposing on intermediaries a general obligation to monitor or to engage in active fact-finding in respect of the content that they store for their users. It is clarified how such prohibited general obligations are to be distinguished from permitted obligations in specific cases. The case law relating to, and the objectives pursued by, Article 15 are also assessed. Second, the chapter analyses the most important more recent EU law measures regulating the liability and responsibilities of online intermediaries for illegal content in certain specific areas: the Audiovisual Media Services Directive, the Copyright in the DSM Directive, the Child Sexual Abuse Directive and the (proposed) Regulation on Terrorist Content Online. It is shown that, taken together, these measures embody a nascent yet incoherent EU-level duty of care for intermediaries in respect of stored user content.

You do not have access to this content

Folkert Wilman

This chapter starts answering the book’s central question: whether – and if so, how – the EU’s current regime on the liability and responsibilities of intermediaries for the user content that they store, laid down in Articles 14 and 15 e-Commerce Directive, should be revised. The regime is assessed against five general requirements: balance; effectiveness; clarity; safeguards and transparency; and proportionality and workability. It is concluded that, broadly speaking, the regime continues to allow for a legally sound, balanced and workable approach and therefore does not need a fundamental overhaul. However, the system’s effectiveness in tackling illegal online content could be improved, especially in relation to user content causing serious “public” harm and aggrieved parties’ judicial redress possibilities. Moreover, there is a lack of sufficient safeguards especially to protect users’ rights, such as binding rules on notices and takedown procedures, including counter-notice procedures, and public oversight. There is also insufficient transparency.

You do not have access to this content

Aaron C.T. Smith, James Skinner and Daniel Read

Chapter 4 examines the biological philosophy, which suggests that organizations, industries and sectors ‘live’ and endure vulnerabilities like any fragile, mortal organism. It explains that the biological philosophy houses two major theories. First, the life-cycle model maps the developmental progress of individual organizations, and second, the Darwinian concept of evolution by natural selection describes the process of environmental adaptation and change. Also, based on a combination of these theories, the biological metaphor of an ‘ecosystems’ approach to organizational change, has also experienced a resurgence as technological change has increased the importance of networks and cooperation. The chapter acknowledges that while the ideas that organizations - and the populations of industries that contain them - grow (life-cycle) and adapt (evolution), offer useful metaphors, there remains challenges in translating biological thinking into tangible change action.

You do not have access to this content

Folkert Wilman

This chapter outlines possible improvements to the current EU regime. The first entails enacting binding EU rules on notice and takedown procedures, including on counter-notice procedures. This would increase the efficiency and effectiveness of the current system, which is in the interest of all parties concerned. A number of challenges must be dealt with when elaborating the details of such rules, however. The second improvement consists of establishing a proper EU legal regime on injunctions that can be issued against intermediaries. This should help tackle illegal online content more effectively, whilst also counter-balancing excessive reliance on “privatised” systems of enforcement. In view of the public interests at stake, a third improvement is strengthening public oversight. Finally, the central criterion now used for delineating the system’s scope – which turns around intermediaries’ knowledge of or control over the content that they store for their users – should be retained. However, certain specific changes could be considered in this respect.

You do not have access to this content

Aaron C.T. Smith, James Skinner and Daniel Read

Chapter 14 provides a summary of the 12 philosophies examined in the book, as well as the approach used for their analysis. It begins by acknowledging that change can be understood as the movement away from a present state toward a future state. However, change is rarely easy or painless. At the same time the capacity to change to meet environmental challenges is essential for organizational survival. The chapter observes that the best ‘philosophy’ for approaching change is complicated by cautious researchers who focus on describing the complexity of change, and zealous business consultants who favour simplistic but authoritative solutions. It highlights that implementing change with consistent success remains a subject of contention, and is influenced by the fundamental assumptions made about the nature of change and its barriers. The chapter concludes that, in the absence of a consensus or unifying theory, it is instructive to understand the 12 fundamental philosophies of organizational change.

You do not have access to this content

Folkert Wilman

This chapter contains the book’s conclusions. It starts by pointing out some general paradoxes. One is the evident public importance of the internet, whilst it is mostly operated by private parties. Another is the discrepancy between the virtual consensus on making large intermediaries subject to increased responsibilities and attempts to put this into regulatory practice typically resulting in controversy. It is further pointed out that “what is illegal offline should also be illegal online” is an unsatisfactory guiding principle, mainly because it omits the equally important counterpart: that what is legal offline should also be legal online. Finally, the book’s main recommendations are summarised: establishing rules on notice and takedown procedures; a targeted EU-level duty of care aimed at tackling certain types of very serious and manifestly illegal online content; ensuring that the duty of care is double-sided, so that users’ rights are adequately protected; rules on injunctions against intermediaries; and strengthened public oversight.

You do not have access to this content

Aaron C.T. Smith, James Skinner and Daniel Read

Chapter 11 considers the critical philosophy, incorporating a collection of political and postmodern theories of change. The critical philosophy of organizational change consistently challenges conventional ways of thinking, from ideas about power and politics to constructions of social reality. The chapter notes that the critical philosophy provides an umbrella to encompass those change theories seeking to challenge, contradict and confront. It first presents the sociological work of Marx and Hegel, whose political theory views change as the clash of ideologies or belief systems. Conflict means that change revolves around activities such as bargaining, consciousness-raising, persuasion, influence, power, and social movements. The chapter also introduces postmodern theories that challenge singular or grand theories about organizational change, taking instead a socially-constructed view of reality. Postmodernism juxtaposes the old and new, engaged through change tactics emphasizing diffusion, empowerment, flexibility, trust and market responsiveness. The chapter concludes that theories under the critical philosophy share an interest in the nature and application of power and disourse.

You do not have access to this content

Aaron C.T. Smith, James Skinner and Daniel Read

Chapter 10 considers the cultural philosophy, which owes its emergence to anthropology, where change reflects what members of a group consider important. The concept of organizational culture emerged in response to an absence of explanations for how certain values and beliefs gain prominence. The chapter examines the key foundation to the culture philosophy, that change must be preceded by a period of careful cultural diagnosis where common beliefs and values rise to the surface. As a result, imposing change means fighting entrenched sets of values and beliefs shared by organizational members. Accordingly, change managers must, first, be accurate in diagnosing the values that permeate an organization (which are likely to be hidden), and, second, change them without undermining the tacit behavioural fabric holding the organization together. The chapter concludes that unsuccessful attempts to change culture invariably lead to conflicting organizational goals and members’ values, which in turn stimulate an unworkable level of competing values and goals.