References of "Schmitz, Sandra 50026259"
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See detailThe US SOPA and PIPA - A European Perspective
Schmitz, Sandra UL

in International Review of Law, Computers and Technology (2013), 27(1-2), 213-229

Detailed reference viewed: 193 (14 UL)
See detailHADOPI und DIGITAL ECONOMY ACT 2010: Zum Scheitern verurteilt?
Schmitz, Sandra UL

in Taeger, Jürgen (Ed.) Law as a Service (LaaS) - Recht im Internet- und Cloud-Zeitalter (2013)

Detailed reference viewed: 89 (11 UL)
See detailProtection of the Content of a 'Wiki' Database under the European Database Directive
Schmitz, Sandra UL

E-print/Working paper (2012)

Detailed reference viewed: 116 (6 UL)
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See detailThree songs and you are disconnected from cyberspace??? Not in Germany where the industry may ‘turn piracy into profit’
Schmitz, Sandra UL; Ries, Thorsten UL

in European Journal of Law and Technology (2012), 3(1),

Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the ... [more ▼]

Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the latest being graduated response schemes, where the alleged infringer is initially warned twice before he is sanctioned. In this context questions arise inter alia as regards the identification of the actual infringer, information rights of the rightsholder, reliability of tracking methods or judicial review of the allegations. In this context, it is of some interest to see how these questions are dealt with under similar regimes. This paper outlines how these questions and online copyright infringements in general are targeted under German civil law and how this has become a profitable tool of the music and film industry, in particular following the introduction of further information rights by the Enforcement Directive. It critically evaluates the recent developments in Germany and argues for a more restrictive interpretation of the relevant provision of the German Copyright Act. [less ▲]

Detailed reference viewed: 89 (4 UL)
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See detailFrom where are they Casting Stones? – Determining Jurisdiction in Online Defamation Claims
Schmitz, Sandra UL

in Masaryk University Journal of Law and Technology (2012)

The question of international jurisdiction in defamation cases is long running. On the EU level, Regulation 44/2001 provides that in matters relating to defamation, the court where the defendant is ... [more ▼]

The question of international jurisdiction in defamation cases is long running. On the EU level, Regulation 44/2001 provides that in matters relating to defamation, the court where the defendant is domiciled, as well as the court for the place where the harmful event occurred or may occur, are competent to hear the case. However, national courts struggled to apply traditional concepts that exist in the offline world to online matters. In its recent judgment in C-509/09 (eDate Advertising GmbH) and C-161/10 (Martinez) on the interpretation of place of the harmful event, the ECJ held that a multiplicity of possible fora exists for online defamation. Besides the connecting factors developed in C-68/93 (Shevill), the Court adapted a supplementary connecting factor: the centre of interests. Based on the opinion of the AG in joined cases C-509/07 and C-161/10 and an analysis of national case law, this paper calls for a test of objective relevance rather than a mere subjective interpretation of forum conveniens. [less ▲]

Detailed reference viewed: 131 (4 UL)
See detailDie Verfolgung von Urheberrechtsverletzungen im Internet — Neues vom EuGH
Schmitz, Sandra UL

in Taeger, Jürgen (Ed.) IT und Internet - mit Recht gestalten (2012)

Detailed reference viewed: 69 (11 UL)
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See detailONLINE ARCHIVES: Finding a Common Ground in the Quicksand of Online Defamation Developments
Siry, Lawrence UL; Schmitz, Sandra UL

in European Journal of Law and Technology (2012), 3(1),

Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places ... [more ▼]

Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places and times. As the world cyber-shrinks, the ways in which governments and courts attempt to control the information on the web has become diverse and contradictory. Issues of national interest and international jurisdiction have stretched across all aspects of the web. We must find a more cooperative, coherent and consistent international policy, one which fosters the free flow of information, while protecting personality rights. The controversy is not limited to the present, but affects the way the Internet records and preserves history. As newspapers bring massive archives online, they are faced with defamation laws which may hinder the free flow of information or inadequately protect personality rights. What is protected speech in one country may be defamation judged from another country in a future time. This paper explores the traditional liability regimes concerning paper archives and how these laws are applied to online archives available on the web. The paper explores how national courts are attempting to mold traditional theories of liability to fit the new Internet-based reality of publishing and archive maintenance. The paper explores the recent case in Germany, which extends national jurisdiction into the New York Times archives in New York City, as well as cases specifically dealing with online defamation standards. We also review the enforcement of defamation judgments from foreign jurisdictions in the US, where many of the media outlets involved in the litigation are headquartered. The paper then outlines recent developments to “combat” libel tourism in the US, in particular, statutes which would extend jurisdiction to foreign nationals who have not availed themselves of American jurisdiction. These laws seek to extend the First Amendment far beyond American borders. These developments are in many ways, spiraling out of control, escalating away from a common path for resolution of the competing interests of society and personality. While a common solution might be warranted, such will be difficult given the competing priorities in the varied jurisdictions. The paper also reviews the potential solutions for standards that will satisfy these priorities. [less ▲]

Detailed reference viewed: 113 (9 UL)
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See detailDer Digitale Pranger – Die Benotung von Lehrern im Zeitalter des Web 2.0
Schmitz, Sandra UL

E-print/Working paper (2011)

Detailed reference viewed: 75 (7 UL)
See detailInternationale gerichtliche Zuständigkeit bei Persönlichkeitsverletzungen im Internet
Schmitz, Sandra UL; Siry, Lawrence UL

in Taeger, Jürgen (Ed.) Die Welt im Netz - Folgen für Wirtschaft und Gesellschaft (2011)

Detailed reference viewed: 102 (10 UL)
See detailOnline-Archive - "Der ewige Pranger im Internet?"
Schmitz, Sandra UL; Siry, Lawrence UL

in Taeger, Jürgen (Ed.) Digitale Evolution - Herausforderungen für das Informations- und Medienrecht (2010)

Detailed reference viewed: 109 (4 UL)