Digital Legitimacy: A Model for Internet Intermediaries

Tom Middleton

The paper analyses how the current legal and private systems for notice and takedown procedures fail to encourage proper legitimate decision making by digital platforms at the expense of end-users. Furthermore, the paper argues for a more legitimate notice and takedown decision-making process through a global, uniform code imposing more specific obligations on intermediaries in line with the legitimacy principles of accountability, transparency, due process and proportionality.

Has the CJEU been successful in balancing and consistently applying the economic right of "communication to the public"?

Carl Emil Bull-Berg

The paper argues that the Court of Justice of the European Union (CJEU) has been unsuccessful in balancing and consistently applying the economic right of “communication to the public” afforded to rightsholders within the copyright regime.

The Need for Due Process in Notice-and-Takedown-based Content Moderation on Social Media Platforms

Eva Knoepfel

This paper critically analyses Facebook, Twitter and Youtube’s use of notice-and-takedown (NTD) mechanisms in content moderation and the effect on the rights of social media users. These platforms’ inconsistent enforcement of their governing rules and lack of transparency exacerbate systemic flaws of NTD to the detriment of users, society and the platforms themselves. The paper concludes that the adoption of due process principles is necessary to mitigate deficiencies in content moderation processes, and is appropriate given social media platforms’ role as modern public fora and regulators of online speech.

Extent of Liability for Intermediaries in EU, USA and India – a Stakeholder Perspective

Lakshmi Srinivasan

Given the policy of EU on intermediary liability with the current DSM directive, it is time for us to refresh our perspectives on this aspect of law, starting with the stakeholders. Looked at from the perspective of the Rightsholders, Intermediaries and importantly, the Users, this paper analyses the policies that EU, USA, India and South Korea operate on for ascertaining liability for online copyright infringement.

A comparison of the legitimacy of recent legislative and non-legislative pressures exerted on the EU intermediary liability framework

Roosa Tarkiainen

This paper analyses the impact of EU law reform and voluntary measures on the existing intermediary liability framework in the intellectual property enforcement context. The paper concludes that changes to the intermediary liability framework are inevitable. However, in many instances, the changes proposed by the EU law reform are already in line with the existing acquis, whereas voluntary measures in their many forms exacerbate fragmentation of liability across the EU and should be avoided as a means of bypassing the established legal framework.

A green paper addressing the role of social media in the fight against counterfeit: Is the current legal framework regarding intermediary liability sufficient to enforce intellectual property rights on social media platforms in the EU, US and China

Claudia Kieser

This paper tackles the framework needed to set up a task force under the umbrella of the World Intellectual Property Organization (WIPO) to tackle counterfeit on social media platforms (SMPs) in the EU, US and China. It maintains that SMPs, rights holders and users must unite in providing their own perspectives in addressing these issues. It begins by evaluating the current legal framework, then suggesting the use of technology and concluding that a task-force may be worth pursuing, with the objective of disrupting supply and demands of counterfeits on SMPs. It proposes the innovative use of blockchain for right holders and a shared onus of proof between right holders and SMPs, yet it recognises the obstacles posed by the fundamental right of expression and right to privacy.