The Copyright Enforcement Enigma: Internet Politics and the 'Telecoms Package'

ISBN-13: 9780230321717 / Angielski / Twarda / 2011 / 275 str.

Monica Horten

Opis

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

Recenzje

'This excellent work of scholarship chronicles one of the most important battles over Internet governance ever fought: the attempt by copyright interests to use European Telecommunications law to conscript network operators into enforcing their rights. Dr Horten navigates through the complex proceedings without losing sight of the larger issues.'

- Milton L. Mueller, Professor, Syracuse University School of Information Studies Internet Governance Project, USA

'In this page-turner Monica Horten maps out in lively detail how copyright enforcement and fundamental rights became hotly debated topics during the review of the European telecommunication directives. Making use of a wide range of documents, she paints an unusually detailed picture of how lobbying forces influence European regulation.'

- Nico A.N.M. van Eijk, Professor, Institute for Information Law (IViR) University of Amsterdam, the Netherlands

'Whether one is interested in the future of the Internet, how copyright policy is made, or how Europe's political institutions really function, Monica Horten's careful telling of the struggle between corporate copyright owners and advocates for an open Internet during the making of 21st century telecoms policy in Europe is a must read.'

- Michael W. Carroll, Professor of Law and Director, Program on Information Justice and Intellectual Property, American University, Washington College of Law, USA

'This is a welcome contribution to the development of EU telecommunications and copyright policies showing how they have been shaped by national responses to industry lobbying over piracy. The author shows how networks, comprising of industry, politicians and key figures, were able to influence the policy preferences of the European Commission, European Parliament and public campaigning. The book shows a sophisticated understanding of the history of EU policy-making.'

- Alison Harcourt, Jean Monnet Chair, Department of Politics, University of Exeter, UK

'...a must read for those interested in knowing in depth about copyright enforcement and Internet.' -Journal of Intellectual Property Rights

Spis treści

Establishing Links between Copyright and Telecoms Policies PART I. HISTORICAL CONTEXT - COPYRIGHT ENFORCEMENT FROM HENRY VIII TO THE INTERNET A Short History Of Copyright Enforcement Copyright Enforcement And the Internet Policy Perspectives for Online Copyright Enforcement PART II. POLITICAL CONTEXT - THE LAW, THE LOBBYISTS, AND NEW ENFORCEMENT PROPOSALS FOR EUROPE EU Copyright And Telecoms Policies an Inherent Conflict Right-holder & Telecoms Lobbying - Disproportionate Influences Graduated Response - Shifting Liability for Enforcement PART 3. THE TELECOMS PACKAGE - THE ATTEMPT TO COMANDEER TELECOMS LAW FOR COPYRIGHT Why the Telecoms Package became the Policy Instrument The Attempt to put Copyright in the Telecoms Package How Internet Users' Rights Challenged Copyright How Copyright Set the Parliament Against the Member States Conciliation - The Right To A Fair Trial Copyright and Telecoms Regulation - the Enigma Unpacked Bibliography

O autorze

MONICA HORTEN writes the influential blog on European Internet and copyright policy - www.iptegrity.com - attracting an international readership of academics, lawyers and policy-makers. A veteran telecoms journalist, her portfolio includes articles in The Daily Telegraph and The Financial Times.