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Pekka Savola, Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers, 5 (2014) JIPITEC 116 para 1.

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%0 Journal Article
%T Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers
%A Savola, Pekka
%J JIPITEC
%D 2014
%V 5
%N 2
%@ 2190-3387
%F savola2014
%X Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required
%L 340
%K Copyright Enforcement
%K Fundamental Rights Conflicts
%K ISP
%K Proportionality
%K Website Blocking
%U http://nbn-resolving.de/urn:nbn:de:0009-29-40006
%P 116-138

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Bibtex

@Article{savola2014,
  author = 	"Savola, Pekka",
  title = 	"Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers",
  journal = 	"JIPITEC",
  year = 	"2014",
  volume = 	"5",
  number = 	"2",
  pages = 	"116--138",
  keywords = 	"Copyright Enforcement; Fundamental Rights Conflicts; ISP; Proportionality; Website Blocking",
  abstract = 	"Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-40006"
}

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RIS

TY  - JOUR
AU  - Savola, Pekka
PY  - 2014
DA  - 2014//
TI  - Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers
JO  - JIPITEC
SP  - 116
EP  - 138
VL  - 5
IS  - 2
KW  - Copyright Enforcement
KW  - Fundamental Rights Conflicts
KW  - ISP
KW  - Proportionality
KW  - Website Blocking
AB  - Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-40006
ID  - savola2014
ER  - 
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Wordbib

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<b:Title>Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers</b:Title>
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ISI

PT Journal
AU Savola, P
TI Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers
SO JIPITEC
PY 2014
BP 116
EP 138
VL 5
IS 2
DE Copyright Enforcement; Fundamental Rights Conflicts; ISP; Proportionality; Website Blocking
AB Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required
ER

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Mods

<mods>
  <titleInfo>
    <title>Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Savola</namePart>
    <namePart type="given">Pekka</namePart>
  </name>
  <abstract>Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required</abstract>
  <subject>
    <topic>Copyright Enforcement</topic>
    <topic>Fundamental Rights Conflicts</topic>
    <topic>ISP</topic>
    <topic>Proportionality</topic>
    <topic>Website Blocking</topic>
  </subject>
  <classification authority="ddc">340</classification>
  <relatedItem type="host">
    <genre authority="marcgt">periodical</genre>
    <genre>academic journal</genre>
    <titleInfo>
      <title>JIPITEC</title>
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    <part>
      <detail type="volume">
        <number>5</number>
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      <detail type="issue">
        <number>2</number>
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      <date>2014</date>
      <extent unit="page">
        <start>116</start>
        <end>138</end>
      </extent>
    </part>
  </relatedItem>
  <identifier type="issn">2190-3387</identifier>
  <identifier type="urn">urn:nbn:de:0009-29-40006</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-40006</identifier>
  <identifier type="citekey">savola2014</identifier>
</mods>
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JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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