Website blocking orders – costly but effective and proportionate? The structure of the Internet i... more Website blocking orders – costly but effective and proportionate? The structure of the Internet is quite complicated as there are multiple different actors involved in electronic communication, including the ones who create (content providers), the ones who receive (recipients, users), the ones who provide Internet connection (Internet connectivity providers) and the ones who intermediate in online communication by providing online services (Internet service providers, intermediaries). Due to the obvious fact that the Internet in the shape it has nowadays eases and speeds up online piracy, it has been 'cursed' (at least officially) by artists, creators, performers and producers. For the last three decades or so they have been on a hunt for a perfect remedy that could bring piracy to an end. One of the weapons they found and have frequently applied for are website blocking injunctions. The measure is not a perfect remedy to the online piracy problem, but it has potential to mitigate the phenomenon. Over the recent three years website blocking injunctions have become the most frequently asked for anti-piracy measure. Despite their unquestionable popularity, their legal structure is still a mystery. The aim of the paper is to dispel at least some of the considerable doubts the injunctions arouse. The article begins by explaining why rightholders claim for website blocking injunctions instead of searching for solutions among much quicker and straightforward measures such as notice-and-take-down or payment freezing. In order to do that the online-piracy problem is described given that historical, empirical and statistical evidence prove that the phenomenon is here to stay. Then, the article deals with contemporary concerns regarding the issuance and realization of injunctions, such as proportionality, interpretational and economic considerations. It discusses the most up-to-date judicial decisions on the subject and new regulations addressing website blocking injunctions directly.
In the face of development of cognitive society, harmonization of the copyright law is a must. Gl... more In the face of development of cognitive society, harmonization of the copyright law is a must. Globalization of information, ever-rising demand for knowledge as well as the emergence of new technologies have forced the movement towards bringing together legislation of different States, at least at the EU level. One step towards that goal could be a project initiated in 2002 by the Wittem Group. The result of the project is a document called the European Copyright Code. Although, the document does not constitute binding law, its harmonizing potential cannot be underestimated. Despite imperfections, the European Copyright Code offers solutions to some problems. One of the main advantages of the document is that its authors made an endeavor to find compromise between two different copyright traditions - copyright and droit d'auteur systems. However, there might be some discrepancies concerning evaluation of the outcome. The aim of the article is to present the most crucial assumpti...
This article, in its introduction, presents certain issues regarding the glossary of e-learning: ... more This article, in its introduction, presents certain issues regarding the glossary of e-learning: definitions, classification, tools. It also analyses positive and negative aspects of e-learning as a study method. The second part describes an open course prepared by the library of Nicolaus Copernicus University in Torun. The course’s Polish edition - ‘Copyright law for librarians’ – allows to draw conclusions on the final assessment of e-learning platforms.
Intermediaries are in the middle of an every single act of online communication. The term is not ... more Intermediaries are in the middle of an every single act of online communication. The term is not homogenous. It is used to describe a wide range of entities who provide services necessary for an act of electronic communication to be successful including telecommunication service providers, online connectivity providers and entities which provide their services by electronic means. Although, the e-commerce directive refers only to certain categories of intermediaries such as providers of the following services: mere conduit, caching or hosting, the role of every intermediary is becoming more and more significant. The significance is particularly visible in relation to injunctive orders following a decision on the merits of the case (also referred to as: permanent injunctions) such as website blocking orders the aim of which is to prevent future online infringements. The injunctions however as protective measures are governed by proportionality evaluation and cannot lead to the effect that would be contrary to provisions of the article 15 of the e-commerce directive. The paper discusses the phenomenon of website blocking orders against intermediaries, including so-called innocent providers from the tort law perspective and the boundaries of the orders. The particular type of an injunction serves as a trigger point for the analysis of the injunctions paradigm and engage in a debate concerning rights of the users. The injunctions are currently holding a prominent position in the European Union as a consequence of the decision of the Court of Justice of the European Union in Telekabel v. UPC case and the judgment handed down by the European Court of Human Rights in Delfi v. Estonia case. Thus the author of this paper concentrates on the analysis of the abovementioned decisions and their implications for the sphere of users' rights (such as freedom of expression) and the freedom of business activity.
Website blocking orders – costly but effective and proportionate? The structure of the Internet i... more Website blocking orders – costly but effective and proportionate? The structure of the Internet is quite complicated as there are multiple different actors involved in electronic communication, including the ones who create (content providers), the ones who receive (recipients, users), the ones who provide Internet connection (Internet connectivity providers) and the ones who intermediate in online communication by providing online services (Internet service providers, intermediaries). Due to the obvious fact that the Internet in the shape it has nowadays eases and speeds up online piracy, it has been 'cursed' (at least officially) by artists, creators, performers and producers. For the last three decades or so they have been on a hunt for a perfect remedy that could bring piracy to an end. One of the weapons they found and have frequently applied for are website blocking injunctions. The measure is not a perfect remedy to the online piracy problem, but it has potential to mitigate the phenomenon. Over the recent three years website blocking injunctions have become the most frequently asked for anti-piracy measure. Despite their unquestionable popularity, their legal structure is still a mystery. The aim of the paper is to dispel at least some of the considerable doubts the injunctions arouse. The article begins by explaining why rightholders claim for website blocking injunctions instead of searching for solutions among much quicker and straightforward measures such as notice-and-take-down or payment freezing. In order to do that the online-piracy problem is described given that historical, empirical and statistical evidence prove that the phenomenon is here to stay. Then, the article deals with contemporary concerns regarding the issuance and realization of injunctions, such as proportionality, interpretational and economic considerations. It discusses the most up-to-date judicial decisions on the subject and new regulations addressing website blocking injunctions directly.
In the face of development of cognitive society, harmonization of the copyright law is a must. Gl... more In the face of development of cognitive society, harmonization of the copyright law is a must. Globalization of information, ever-rising demand for knowledge as well as the emergence of new technologies have forced the movement towards bringing together legislation of different States, at least at the EU level. One step towards that goal could be a project initiated in 2002 by the Wittem Group. The result of the project is a document called the European Copyright Code. Although, the document does not constitute binding law, its harmonizing potential cannot be underestimated. Despite imperfections, the European Copyright Code offers solutions to some problems. One of the main advantages of the document is that its authors made an endeavor to find compromise between two different copyright traditions - copyright and droit d'auteur systems. However, there might be some discrepancies concerning evaluation of the outcome. The aim of the article is to present the most crucial assumpti...
This article, in its introduction, presents certain issues regarding the glossary of e-learning: ... more This article, in its introduction, presents certain issues regarding the glossary of e-learning: definitions, classification, tools. It also analyses positive and negative aspects of e-learning as a study method. The second part describes an open course prepared by the library of Nicolaus Copernicus University in Torun. The course’s Polish edition - ‘Copyright law for librarians’ – allows to draw conclusions on the final assessment of e-learning platforms.
Intermediaries are in the middle of an every single act of online communication. The term is not ... more Intermediaries are in the middle of an every single act of online communication. The term is not homogenous. It is used to describe a wide range of entities who provide services necessary for an act of electronic communication to be successful including telecommunication service providers, online connectivity providers and entities which provide their services by electronic means. Although, the e-commerce directive refers only to certain categories of intermediaries such as providers of the following services: mere conduit, caching or hosting, the role of every intermediary is becoming more and more significant. The significance is particularly visible in relation to injunctive orders following a decision on the merits of the case (also referred to as: permanent injunctions) such as website blocking orders the aim of which is to prevent future online infringements. The injunctions however as protective measures are governed by proportionality evaluation and cannot lead to the effect that would be contrary to provisions of the article 15 of the e-commerce directive. The paper discusses the phenomenon of website blocking orders against intermediaries, including so-called innocent providers from the tort law perspective and the boundaries of the orders. The particular type of an injunction serves as a trigger point for the analysis of the injunctions paradigm and engage in a debate concerning rights of the users. The injunctions are currently holding a prominent position in the European Union as a consequence of the decision of the Court of Justice of the European Union in Telekabel v. UPC case and the judgment handed down by the European Court of Human Rights in Delfi v. Estonia case. Thus the author of this paper concentrates on the analysis of the abovementioned decisions and their implications for the sphere of users' rights (such as freedom of expression) and the freedom of business activity.
Uploads
Drafts by Daria Gęsicka
Papers by Daria Gęsicka