B9 10186. LIDC Conference 2011 (t/m zaterdag jl). Nationale rapportages en aanbevelingen m.b.t. Question B (chair Jan Kabel, IViR):“To what extent should online intermediaries (eg ISPs and operators of online marketplaces) be responsible for controlling or forbidding unfair competitive practices (eg the sale of infringing products) on their systems?” De resolutie m.b.t. vraag B is aangenomen door de Algemene Vergadering van de LIDC te Oxford:
(1) that it is impractical in the present state of the law and in the light of the present EU discussion on the general harmonisation of non-contractual liability to seek in this resolution to harmonise, whether generally or as to indirect (or accessorial) liability in particular, and whether in civil law or under criminal law, the grounds of liability of online intermediaries for infringement of intellectual property rights such as copyright and trade marks and liability for acts of unfair competition
(2) that it is neither necessary nor practical, especially given the scope for rapid technological development and the creation of new business models, to seek to define with too much precision the concept of an online intermediary
(3) that in so far as an online intermediary does nothing more than provide access to a communication network its status differs, as a matter of public policy, from that of other online intermediaries and so it is appropriate to exclude such access providers from the scope of this resolution
(4) that courts have taken account of various factors in determining the liability of online intermediaries, including the influence over infringing users, involvement with infringement, knowledge of infringement, substantial non-infringing uses, the availability of notice and takedown procedures and the operation of notice and takedown procedures;
Lees de nationale rapportages hier, de resolutie hier.
