The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
Whether and when communications platforms like Google, Twitter and Facebook are liable for their users’ online activities is one of the key factors that affects innovation and free speech. Most creative expression today takes place over communications networks owned by private companies. Governments around the world increasingly press intermediaries to block their users’ undesirable online content in order to suppress dissent, hate speech, privacy violations and the like. One form of pressure is to make communications intermediaries legally responsible for what their users do and say. Liability regimes that put platform companies at legal risk for users’ online activity are a form of censorship-by-proxy, and thereby imperil both free expression and innovation, even as governments seek to resolve very real policy problems.
In the United States, the core doctrines of section 230 of the Communications Decency Act and section 512 of the Digital Millennium Copyright Act have allowed these online intermediary platforms user generated content to flourish. But, immunities and safe harbors for intermediaries are under threat in the U.S. and globally as governments seek to deputize intermediaries to assist in law enforcement.
To contribute to this important policy debate, CIS studies international approaches to intermediary obligations concerning users’ copyright infringement, defamation, hate speech or other vicarious liabilities, immunities, or safe harbors; publishes a repository of information on international liability regimes and works with global platforms and free expression groups to advocate for policies that will protect innovation, freedom of expression, privacy and other user rights.
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift.
The recent leak of a secret chapter of the Trans-Pacific Partnership’s Investor-State Dispute Settlement system (ISDS) is getting many people on both the left and the right upset. Left-wingers don’t like a system in which corporations can push back against government regulations. Right-wingers don’t like a system where U.N.-affiliated tribunals can overturn U.S. law. Read more about People are freaking out about the Trans Pacific Partnership’s investor dispute settlement system. Why should you care?
Within the context of the Centre for Copyright and New Business Models in the Creative Economy (CREATe) research scope, this literature review investigates the current trends, advantages, disadvantages, problems and solutions, opportunities and barriers in Open Access Publishing (OAP), and in particular Open Access (OA) academic publishing. This study is intended to scope and evaluate current theory and practice concerning models for OAP and engage with intellectual, legal and economic perspectives on OAP. Read more about Open Access Publishing: A Literature Review
Read more about Urban Guerrilla & Piracy Surveillance: Accidental Casualties in Fighting Piracy in P2P Networks in EuropeCopyright law is facing its biggest challenge yet as it copes with technological development and an increasingly global information market. The advent of peer-to-peer networks has multiplied the threat to the peaceful enjoyment of copyrights and made any user a potential infringer. Nonetheless, copyright holders, in targeting those users, have greatly impinged on the users' fundamental rights, in particular the right to privacy.