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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 ▲]

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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 ▲]

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