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Category: Enforcement

Revisions to section 512 should take into account differences within and among stakeholder classes

Requirements that pose a relatively minimal burden for large, established OSPs could be crippling for a small startup that lacks access to enterprise-level technology. Larger rightsholders with in-house enforcement teams may have more resources to monitor online infringement than small rightsholders that must face a choice between devoting their time to creative endeavors or to enforcing their rights.

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Research on illegal IPTV in EU – Civil enforcement measures, injunctions

Irrespective of establishment of liability, EU law ensures that rights holders have the possibility to apply for an injunction against intermediaries whose services are used by third parties to infringe their Intellectual property rights (IPR).

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Section 512 report – Notice-and-Takedown Process

OSPs seeking protection under the safe harbors in sections 512(b), (c), or (d), must, in addition to the section 512(i) requirements, maintain a compliant notice-and-takedown process by responding expeditiously to remove or disable access to material claimed to be infringing upon receipt of proper notice from a copyright owner or the owner’s authorized agent.

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Which clarifications or revisions would be the most beneficial for improving section 512?

First, the Office recommends that Congress clarify the distinction between “actual knowledge” and “red flag knowledge.” Court decisions interpreting the red flag knowledge provision have often required a level of specificity regarding the types of information from which infringing activity is present as to blur the line between actual and red flag knowledge and conflate the existence of either knowledge type with receipt of a takedown notice from a rightsholder.

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Research on illegal IPTV in EU – enforcement measures

Key points:

  • Rights holders can avail of civil enforcement measures against both direct infringers and intermediaries.
  • A wide spectrum of blocking injunctions can be sought against internet access providers to repress IPTV infringements.
  • Internet intermediaries can receive orders to disclose information on infringers; however, disclosure of information on end-users of illegal IPTV services may not be compatible with EU data protection law.
  • Criminal measures are also available in all EU Member States against IPTV infringers on a commercial scale.
  • Import and sale of IPTV devices may be prohibited on the ground of non-compliance with EU standards on radio equipment.

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Report 512 executive summary

The Report is the first full analysis of whether section 512 is working effectively in achieving its aim of balancing the needs of online service providers (“OSPs”) with those of creators.

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The register of all Russian citizens and Telegram law

The Russian president has sign the new law establishing the new register containing information on all Russians. The operator of this new register is to be the Russian Federal Taxation Service.

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Considered novels in Russian antipiracy law

In the times of COVID-19 pandemic the internet in Russia plays huge role. Many people staying at home due to so called self-isolation having internet as the means to make their work, to communicate and make many other important things including self-entertainment. Certainly the consumption of movies, music and other entertaining content has significantly risen and also significant part of such consumed content was illegal.

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Registration for each smart device with sim-card in Russia

Currently Russian authorities consider implementing idea to register each smartphone in Russia. Is it possible to do this? Partially yes, but it would be very costly first of all for ordinary customers. Originally the idea is to register all smartphones already sold to customers.

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Russia IIPA 2020 special 301 report

Special 301 Recommendation: IIPA recommends that the Russian Federation be retained on the Priority Watch List in 2020.

Priority actions requested in 2020

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