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Remedies first, liability second: or why we fail to agree on optimal design of intermediary liability

Husovec, Martin (2020) Remedies first, liability second: or why we fail to agree on optimal design of intermediary liability. In: Frosio, Giancarlo, (ed.) Oxford Handbook of Online Intermediary Liability. Oxford Handbooks in Law. Oxford University Press, Oxford, UK, 90 - 103. ISBN 9780198837138

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Identification Number: 10.1093/oxfordhb/9780198837138.013.4

Abstract

This chapter discusses remedies for online intermediary liability with special emphasis on remedies for intellectual property (IP) infringement. The chapter describes damages and injunctions, their scope and goal, while also analysing the costs of these remedies. In particular, this chapter highlights how IP scholars in the area of intermediary liability have now spent over two decades trying to answer when an intermediary should be liable for its users’ actions. What if throughout that time too much emphasis had been placed on the second-order issue of optimal design? Can that question be answered without first knowing what an intermediary is or should be obliged to perform as a consequence of such legal qualification? This chapter argues that policy debates concerning optimal design of intermediary liability should reflect an inverse order of inquiry in order to elicit useful insights.

Item Type: Book Section
Official URL: https://global.oup.com/academic/product/oxford-han...
Additional Information: © 2020 The Editor
Divisions: Law
Subjects: K Law > K Law (General)
Date Deposited: 15 Jul 2020 09:21
Last Modified: 13 Aug 2021 23:27
URI: http://eprints.lse.ac.uk/id/eprint/105680

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