| Abstract [eng] |
In this thesis “Transformation of Internet intermediaries’ liability in copyright law” the author Justinas Drakšas analyzes the civil liability and other special remedies available to be applied to Internet intermediaries. Furthermore, the development and perspectives of civil liability and other special remedies are analyzed in the thesis. To this end, the paper provides a coherent overview of the evolution of the main online intermediaries' liability institutes, focusing on the provisions of the Digital Single Market Directive, which acknowledges the intermediate direct and secondary civil liability model previously provided by the Court of Justice of the European Union and established the notice and stay down content filtering mechanism. With regard to the latter, the author criticizes and points out the risks of potential contradiction with fundamental human rights and the previous principles of European Union copyright. Based on the view that the current regulation can be improved, the author of the thesis presents alternatives to the model of civil liability established by the said Directive: possible harmonized indirect civil liability rules and alternative compensation mechanism for the rightsholders, as well as copyright exceptions and limitations based on such mechanism, are introduced in the thesis. Finally, in order to fully address the issue of liability of online intermediaries, the author of the thesis also presents the risks associated with the use of bans and other special remedies available to online intermediaries, for which a consumer offender alert system close to the French and UK models is proposed. |
