Thanks Scott. Do you have the directive reference number and any date of
when estimated to come into force?
David
----- Original Message -----
From: Blackmer, Scott <[log in to unmask]>
To: <[log in to unmask]>
Sent: 12 February 1999 17:47
Subject: RE: Your views please
>The European Commission has introduced a proposed Electronic Commerce
>Directive that includes a section on intellectual property protection that
>would address this liability issue. It essentially says that the operator
>of a website, listserver, bulletin board, etc. is not liable for posting
the
>content of others until he or she has notice or knowlege of a potential
>infringement. There is then a procedure for taking down the material, and
>for re-posting it if the complaining party fails to follow through with a
>legal action against the allegedly offending party who posted the content.
>
>This procedure is based largely on the 1998 Digital Millenium Copyright Act
>in the United States, and it would introduce a degree of certainty for site
>operators that is lacking today in the law of most Member States.
>
>The German Information and Communications Act similarly protects the site
>operator from liability until there is actual knowledge of a violation.
>However, it does not include detailed procedures for taking down and
>re-posting material, leaving the operator to take his chances in assessing
>the seriousness of the allegations.
>
>The US Act concerns only intellectual property infringement; there will
>probably be further debate on the proposed EU Directive on the question of
>applying the same principle and procedures to other content liability
issues
>(such as libel, obscenity, --- and violations of data privacy laws).
>
>Scott Blackmer
>Wilmer Cutler & Pickering
>Washington, DC
>[log in to unmask]
>
>-----Original Message-----
>From: Charles Oppenheim [mailto:[log in to unmask]]
>Sent: Friday, February 12, 1999 4:26 AM
>To: [log in to unmask]
>Subject: Re: Your views please
>
>
>>THIS IS FORWRAD MAIL FROM Dave Wyatt
>>
>>Any member have any views regards liability responsibility on the
>>following:
>>
>>The following factors apply.
>>
>>Web site hosted by an educational establishment for free.
>>
>>Employee of the educational establishment edits the site on behalf of a
>>non profit making group without any specific direction from the group.
>>
>>Group consists of employees of commercial organisations who fund the
>>groups activities via annual subscriptions.
>>
>>No agreed charter for the group concerning liability.
>>
>>Site inadvertently publishes material content which becomes subject to a
>>legal challenge e.g. Breach of Intellectual property rights, or holds
>>personal data without registration e.g. names of delegates and their
>>employing company.
>>
>>Who is liable?
>>
>>Host, its employee, delegates or their employers.
>
>In my view, the individual placing the illegal material on the site is
>liable; the university will also probably be liable if it knew, or had
>good reason to know that illegal material was on the site, or was likely to
>be put on the site.
>
>
>Professor Charles Oppenheim
>Dept of Information Science
>Loughborough University
>Loughborough
>Leics LE11 3TU
>
>Tel 01509-223065
>Fax 01509-223053
>
>
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