Mine host is searching for a ‘neutrality’ principle! |
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| Authors: | Ian Walden |
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| Affiliation: | 1. Centre for Commercial Law Studies, Queen Mary, University of London, London, UK;2. Of Counsel to Baker & McKenzie, UK |
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| Abstract: | This article examines the Advocate-General's comments on the ‘hosting’ provision in the eCommerce Directive (00/31/EC). He suggests the existence of a ‘neutrality’ principle in respect of intermediary liability, which operates irrespective of an intermediary's knowledge about the legality or otherwise of the hosted content. This article critically examines this suggestion within the broader debate about the role and responsibilities of intermediaries in a cyberspace context. |
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| Keywords: | Google v. Louis Vuitton AdWords Location services eCommerce Directive Host service providers Neutrality principle |
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