This chapter reviews global enforcement of European rights and the implications for copyright. Global extra-territorial enforcement of miscellaneous rights has emerged as a consistent trend in recent online regulation, both at international and EU level. In considering this trend, this chapter focuses on case law and policy making that face the riddle of extra-territorial application of online intermediaries’ obligations. This chapter describes, first, the historical origins of global enforcement and the complex issues that internet jurisdiction brings about. It then offers a panoramic overview of emerging global enforcement at the international level. Later, this chapter reviews to which extent global enforcement has been endorsed by the European legal system, both at EU and national level, with special emphasis on recent decisions from the Court of Justice of the European Union (CJEU), such as Google v CNIL and Glawischnig v Facebook. Finally, after a review of the political complexities surrounding global enforcement, the standards that might be applied for issuing global enforcement orders are discussed alongside their relevance for copyright.
{"title":"Enforcement of European rights on a global scale","authors":"Giancarlo F. Frosio","doi":"10.2139/ssrn.3650521","DOIUrl":"https://doi.org/10.2139/ssrn.3650521","url":null,"abstract":"This chapter reviews global enforcement of European rights and the implications for copyright. Global extra-territorial enforcement of miscellaneous rights has emerged as a consistent trend in recent online regulation, both at international and EU level. In considering this trend, this chapter focuses on case law and policy making that face the riddle of extra-territorial application of online intermediaries’ obligations. This chapter describes, first, the historical origins of global enforcement and the complex issues that internet jurisdiction brings about. It then offers a panoramic overview of emerging global enforcement at the international level. Later, this chapter reviews to which extent global enforcement has been endorsed by the European legal system, both at EU and national level, with special emphasis on recent decisions from the Court of Justice of the European Union (CJEU), such as Google v CNIL and Glawischnig v Facebook. Finally, after a review of the political complexities surrounding global enforcement, the standards that might be applied for issuing global enforcement orders are discussed alongside their relevance for copyright.","PeriodicalId":118170,"journal":{"name":"The Routledge Handbook of EU Copyright Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122455424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-02DOI: 10.4324/9781003156277-10
C. Sganga
{"title":"The right of reproduction","authors":"C. Sganga","doi":"10.4324/9781003156277-10","DOIUrl":"https://doi.org/10.4324/9781003156277-10","url":null,"abstract":"","PeriodicalId":118170,"journal":{"name":"The Routledge Handbook of EU Copyright Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130551748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-07-22DOI: 10.4324/9781003156277-18
Sabine Jacques
{"title":"On the wax or wane? The influence of fundamental rights in shaping exceptions and limitations","authors":"Sabine Jacques","doi":"10.4324/9781003156277-18","DOIUrl":"https://doi.org/10.4324/9781003156277-18","url":null,"abstract":"","PeriodicalId":118170,"journal":{"name":"The Routledge Handbook of EU Copyright Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115260429","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.4324/9781003156277-24
Sebastian Felix Schwemer
In the moderation and enforcement of copyright content, online platforms as well as internet access service providers play a prominent role. This contribution looks at less prominently addressed “layers” of the internet, namely in relation to the addressing system in form of domain name system (DNS). It first looks at the functioning of the DNS and its location within the content blocking landscape, before contrasting the DNS with linking, which is wellexplored in the copyright jurisprudence and literature, in order to shed light on the role of the DNS in relation to copyright-infringing material. It then turns towards the liability exemption regime of the E-Commerce Directive and the cases of IP address rental and DNS-based content delivery networks. Finally, it looks at the practical role of registration data in the enforcement of copyright and scarce information on “voluntary” arrangements at the DNS-level. The “location” layer of the internet is, compared to online platforms, “far” from copyright-infringing content. Currently, the public consultation in connection with the ongoing review of the E-Commerce Directive under the working title Digital Services Act is touching upon the DNS space. Traditionally, the DNS has not featured prominently in copyright-enforcement debates and it would be wrong to see a prominent role for the DNS going forward. Whereas the “location” layer might be appealing for enforcement purposes, issues and concerns of DNS blocking are manifold and can have serious repercussions on fundamental rights. Yet, already today, there exist voluntary arrangements for the moderation or enforcement of copyright content and the current discussions around the Digital Services Act might be the right place to expand transparency and accountability principles beyond the well-discussed platform enforcement also in the less visible layer of voluntary moderation or enforcement at the “location” layer.
{"title":"Location, location, location! Copyright content moderation at non-content layers","authors":"Sebastian Felix Schwemer","doi":"10.4324/9781003156277-24","DOIUrl":"https://doi.org/10.4324/9781003156277-24","url":null,"abstract":"In the moderation and enforcement of copyright content, online platforms as well as internet access service providers play a prominent role. This contribution looks at less prominently addressed “layers” of the internet, namely in relation to the addressing system in form of domain name system (DNS). It first looks at the functioning of the DNS and its location within the content blocking landscape, before contrasting the DNS with linking, which is wellexplored in the copyright jurisprudence and literature, in order to shed light on the role of the DNS in relation to copyright-infringing material. It then turns towards the liability exemption regime of the E-Commerce Directive and the cases of IP address rental and DNS-based content delivery networks. Finally, it looks at the practical role of registration data in the enforcement of copyright and scarce information on “voluntary” arrangements at the DNS-level. The “location” layer of the internet is, compared to online platforms, “far” from copyright-infringing content. Currently, the public consultation in connection with the ongoing review of the E-Commerce Directive under the working title Digital Services Act is touching upon the DNS space. Traditionally, the DNS has not featured prominently in copyright-enforcement debates and it would be wrong to see a prominent role for the DNS going forward. Whereas the “location” layer might be appealing for enforcement purposes, issues and concerns of DNS blocking are manifold and can have serious repercussions on fundamental rights. Yet, already today, there exist voluntary arrangements for the moderation or enforcement of copyright content and the current discussions around the Digital Services Act might be the right place to expand transparency and accountability principles beyond the well-discussed platform enforcement also in the less visible layer of voluntary moderation or enforcement at the “location” layer.","PeriodicalId":118170,"journal":{"name":"The Routledge Handbook of EU Copyright Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126859149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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