Towards Algorithmic Justice
Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.
Show Summary Details
Chapter 4: Analysis of the legal conflict
The norms of the internet users/community have caused a great deal of problems. It is preferable to use the instrumentality of the law to impose a policy choice that benefits all stakeholders. There are eight elements of the legal conflict between trademark holders, social media providers and internet users: - a perception by internet users, social media providers and image search engines that the trademark logo is without protection; - the ample access to the unauthorized use of the trademark logo; - the proliferation, scale and speed of the unauthorized use of the trademark logo; - the permanence of the uploaded unauthorized trademark logos on the internet; - the uncertain boundaries of the trademark logo; - stakeholders that are either overwhelmed or ignorant to the infringement; - a loss of control for trademark holders; and - the emergence of new technology such as cloud computing.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.
or login to access all content.