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Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

The Freedom to Operate in the US, EU and China

  • Book
  • © 2018

Overview

Authors:
  1. Jie Wang

    1. KoGuan School of Law, Shanghai Jiao Tong University, Shanghai, China

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  • Employs a comparative approach to comprehensively explore hosting ISPs’ responsibilities for online copyright infringement in the US, EU and China

  • Discusses the identity disclosure mechanism in the context of online copyright enforcement in China

  • Doesn’t stop at examining traditional legal norms, and also explores the self-regulation agreements reached between copyright owners and hosting ISPs

  • Examines self-regulation norms by comparing them with traditional legal norms, weighs the advantages and disadvantages of self-regulation, and finally suggests how hosting ISPs can better preserve their freedom to operate under the framework of self-regulation

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Table of contents (8 chapters)

  1. Front Matter

    Pages i-xi
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  2. Introduction

    • Jie Wang
    Pages 1-18

  3. Responsibility Rules of Copyright Enforcement on Hosting Platforms

    • Jie Wang
    Pages 19-46

  4. Active or Passive: A Threshold for Hosting ISPs to Enter a “Safe Harbor”

    • Jie Wang
    Pages 47-71

  5. Hosting ISPs’ Secondary Liability Under the Roof of “Safe Harbor” Provisions

    • Jie Wang
    Pages 73-140

  6. Notice-and-Takedown Procedures in the US, the EU and China

    • Jie Wang
    Pages 141-178

  7. Disclosure of Internet Users’ Identities in the US, EU and China

    • Jie Wang
    Pages 179-197

  8. Self-regulation of Copyright Enforcement on Hosting Platforms

    • Jie Wang
    Pages 199-227

  9. Summary and Conclusion

    • Jie Wang
    Pages 229-244

  10. Back Matter

    Pages 245-261
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Keywords

About this book

This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. 


In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.

Authors and Affiliations

  • KoGuan School of Law, Shanghai Jiao Tong University, Shanghai, China

    Jie Wang

About the author

Jie Wang (China P. R. 1985) is Assistant Researcher at the KoGuan Law School, Shanghai Jiaotong University. He holds an LL.B. degree (Zhongnan University of Economics and Law, China, 2007) and a Master degree in Intellectual Property Law (Zhongnan University of Economics and Law, China, 2010). Jie Wang spent about two years doing his research at Max Planck Institute for Innovation and Competition as a scholarship holder, and received his degree of Ph.D. at Maastricht University (the Netherlands, 2016). 

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