Evaluation of the Role of Access Providers: Discussion of Dutch Pirate Bay Case Law and Introducing Principles on Directness, Effectiveness, Costs, Relevance, and Time

Arno R. Lodder, Nicole S. van der Meulen (2013), Evaluation of the Role of Access Providers Discussion of Dutch Pirate Bay Case Law and Introducing Principles on Directness, Effectiveness, Costs, Relevance, and Time, 4 Journal of Intellectual Property, Information Technology and E-Commerce Law

12 Pages Posted: 3 Sep 2013 Last revised: 4 Jun 2015

See all articles by Arno R. Lodder

Arno R. Lodder

Vrije Universiteit - Dep. Transnational Legal Studies - CLI/Center for Law and Internet

Nicole van der Meulen

VU University Amsterdam - Faculty of Law

Date Written: June 15, 2013

Abstract

Internet service providers (ISPs) play a pivotal role in contemporary society because they provide access to the Internet. The primary task of ISPs – to blindly transfer information across the network – has recently come under pressure, as has their status as neutral third parties. Both the public and the private sector have started to require ISPs to interfere with the content placed and transferred on the Internet as well as access to it for a variety of purposes, including the fight against cybercrime, digital piracy, child pornography, etc. This expanding list necessitates a critical assessment of the role of ISPs.

This paper analyses the role of the access provider. Particular attention is paid to Dutch case law, in which access providers were forced to block The Pirate Bay. After analyzing the position of ISPs, we will define principles that can guide the decisions of ISPs whether to take action after a request to block access based on directness, effectiveness, costs, relevance and time.

Keywords: liability, ISP, internet governance, access provider, copyright, piracy, third parties

Suggested Citation

Lodder, Arno R. and van der Meulen, Nicole, Evaluation of the Role of Access Providers: Discussion of Dutch Pirate Bay Case Law and Introducing Principles on Directness, Effectiveness, Costs, Relevance, and Time (June 15, 2013). Arno R. Lodder, Nicole S. van der Meulen (2013), Evaluation of the Role of Access Providers Discussion of Dutch Pirate Bay Case Law and Introducing Principles on Directness, Effectiveness, Costs, Relevance, and Time, 4 Journal of Intellectual Property, Information Technology and E-Commerce Law, Available at SSRN: https://ssrn.com/abstract=2319494

Arno R. Lodder (Contact Author)

Vrije Universiteit - Dep. Transnational Legal Studies - CLI/Center for Law and Internet ( email )

De Boelelaan 1105
Amsterdam, 1081HV
Netherlands

Nicole Van der Meulen

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

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