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Conflict of Laws and the Internet

Pedro de Miguel Asensio

The ubiquity of the Internet contrasts with the territorial nature of national legal orders. This book offers a comprehensive analysis of jurisdiction, choice of law and enforcement of judgments issues concerning online activities in the areas in which private legal relationships are most affected by the Internet. It provides an in-depth study of EU Law in this particularly dynamic field, with references to major developments in other jurisdictions. Topics comprise information society services, data protection, defamation, copyright, trademarks, unfair competition and contracts, including consumer protection and alternative dispute resolution.
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Chapter 4: COPYRIGHT AND RELATED RIGHTS

Pedro de Miguel Asensio

Extract

The extent of international and EU harmonization in the field of copyright and related rights and its significance for conflict of laws are discussed. The application of the EU jurisdictions rules to copyright infringement claims concerning Internet activities is analysed in the light of the most recent case law of the Court of Justice of the EU. The debate about mere accessibility of content as a potential connecting factor and the extent of jurisdiction granted over diffuse copyright infringements are the focus of particular attention. This chapter further addresses the choice of law issues posed by copyright protection in the online context, including its implications on the liability of platforms and other Internet intermediaries. Digital Single Market initiatives receive particular attention.

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