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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 116-138Download
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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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 -Download
Wordbib
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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 ERDownload
Mods
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<topic>Proportionality</topic>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 5 (2014) 2 |
|---|---|
| Title |
Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers (eng) |
| Author | Pekka Savola |
| Language | eng |
| 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 |
| Subject | Copyright Enforcement, Fundamental Rights Conflicts, ISP, Proportionality, Website Blocking |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-40006 |
