Οι υπερσύνδεσμοι και τα δίκτυα peer-to-peer στο δίκαιο πνευματικής ιδιοκτησίας
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Keywords
Υπερσύνδεσμος ; Peer to Peer ; Υπερσύνδεσμοι ; P2P ; Internet ; Copyrights ; The Pirate Bay ; KaZaa ; Mircom ; GS Media ; Svennson ; ΔΕΕ ; CJEU ; NapsterAbstract
This thesis attempts to study the liability of a hyperlink user as well as that of a peer-to-peer network admin and related issues, such as the liability of a peer-to-peer network user and that of a mediator, like internet providers. For the abovementioned purpose, the first chapter is devoted to the analysis of national and international legal sources, with an emphasis on the related constitutional rights. Hyperlinks and peer-to-peer networks are examined in respective chapters. A fundamental tool for the cases in question is the rulings of the Court of Justice of the European Union (CJEU), which is not typically a legal source but in the field of internet copyright law is essentially the most determining factor that shapes rulings in the member states, including that of Greece. Additionally, an analysis is made of various problematic areas of the relevant CJEU rulings and criticisms these have received in the literature. Finally, a necessary complementary part of this thesis is the selective presentation of other international rulings, which significantly differ from CJEU rulings. In this way, the present thesis contributes with an holistic approach (with legal texts, case law study and theoretical analysis) to the study of the legal context of hyperlinks and peer-to-peer network.