The Law Applicable to Online Copyright Infringements int ALI and CLIP Proposals: A Rebalance of Interest Needed?
Matulionyte
Rita
The article discusses the problems of applicable law to copyright infringements online. It firstly identifies the main problems related to the well established territoriality principle and the lex loci protectionis rules. Then; the discussion focuses on the "ubiquitous infringement" rule recently proposed by the American Law Institute (ALI) and the European Max Planck Group for Conflicts of Law and Intellectual Propoperty (CLIP). The author strongly welcomes a compromise between the territoriality and universality approaches suggested in respect of ubiquitous infringement cases. At the same time; the paper draws the attention that the interests of "good faith" online service providers (such as legal certainty and foreseeability) have been until now underestimated and invites to take these interests into account when merging the projects into a common international proposal.
ALI
Applicable law
CLIP
Copyright
Internet
Territoriality
Ubiquitous infringement
340
periodical
academic journal
JIPITEC
2
1
2011
26
36
2190-3387
urn:nbn:de:0009-29-29615
http://nbn-resolving.de/urn:nbn:de:0009-29-29615
matulionyte2011