the use of copyright to quell online expression: - no judge, no jury, but there is an executioner...
TRANSCRIPT
The use of copyright to quell online expression: - no judge, no jury, but there is an executioner
Prepared for Government and the Internet: Participation, Expression and ControlEuropean University Institute, March 9th 2011
Benjamin Farrand
The use of copyright to quell online expression
A basic introduction to copyright: - concept, justifications and legislative acts
Internationally: - the TRIPS agreement, WIPO treaties
European Union: - InfoSoc Directive (2001/29/EC) and the Enforcement Directive (2004/48/EC)
US: - Digital Millennium Copyright Act 1998
The intent of copyright legislation being supplanted by complete control of all use of works – including restricting criticism or debate through a form of ‘censorship by the back door’
Church of Scientology v Karen Spaink (Netherlands 2005)
By state actors?
By private/non-state actors?
Methods & Conclusions
DMCA/Enforcement Directive takedowns
ISP filtering?
‘Indirect copyright issues’?
Accountability?
Access to information and accountability?