Injunctions Against Intermediaries in the European Union
Martin Husovec - Cambridge University Press, 30 nov 2017
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| Anteprima |
In
the European Union, courts have been expanding the enforcement of
intellectual property rights by employing injunctions to compel
intermediaries to provide assistance, despite no allegation of
wrongdoing against these parties. These prospective injunctions,
designed to prevent future harm, thus hold parties accountable where no
liability exists. Effectively a new type of regulatory tool, these
injunctions are distinct from the conventional secondary liability in
tort. At present, they can be observed in orders to compel website
blocking, content filtering, or disconnection, but going forward, their
use is potentially unlimited. This book outlines the paradigmatic shift
this entails for the future of the Internet and analyzes the associated
legal and economic opportunities and problems.
