Toward the extension of obligations to other intermediaries in the internet

• Autores: Ernesto Rengifo García
• Localización: Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 18, 2014
• Idioma: inglés
• Enlaces
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• Resumen

  • It is well known that the copy diminishes the individual value of the creation and discourages the effort of the creator. Because of this, the responsibility of internet service providers (ISP) concerning copyright infringement by their users has been a subject of great controversy for more than a decade. This discussion has led to a consensus in the sense that the ISP will not be responsible when their participation in the infringement is limited to transmitting, linking, caching, and disseminating information generated by third parties, as long as other requirements are met, such as adopting and communicating policies intended to prevent infringements. However, the development of new business models and the expansion of services available online have raised the question of whether it is possible to extend the secondary or indirect liability regime to other intermediaries such as internet advertising services and financial transaction providers. In order to analyze the liability regimes that could be applied to these intermediaries,¡ it is important to take into account the following points, which will be developed in this paper: i) to understand the operation of online advertising and payments and the economic magnitude of these businesses, ii) to understand the liability regime presently applied to the isp, iii) to study the objections that have been raised against the extension of such regime to online advertising and financial transaction providers, and finally, iv) to analyze how through recent legislative initiatives such as the proposed PIPA, SOPA, and open bills in the United States, efforts have been undertaken to overcome the objections and to offer effective and expeditious mechanisms to protect copyright in the internet.