re raised in the case of Washington Post Co. v. Total News Inc in 1997. Total News, who were framing content from the Washington Post, settled by agreeing not to do so.
Embedded or in-line links similarly obscure the identity of images on a website. Here the internet site contains images or logos from another site and again the user is unaware of this fact.
Generally, the use of hypertext links may violate the author’s moral rights to the integrity of his or her work and the paternity right of identification.
EU E-commerce Directive
Horizontal approach - applies to all ISP activity. The following is a brief rundown of the main principles of the Directive. Please refer to the terms of the Directive for further details.
Article 12 – ‘mere conduit’ exception provision. The ISP is not liable where the information transfer has not been initiated by the ISP, the ISP has not selected the receiver of the transmission and has not selected or modified the information.
Article 13 – Caching. ISPs are not to be held liable for the automatic, intermediate and temporary storage of information where the ISP does not modify the information, complies with access conditions, only updates the information in accordance with prevailing industry standards, does not interfere with the lawful use of technology to obtain data on the use of the information and the ISP acts expeditiously to remove or disable access to the information, in the case where英语论文网 【http://www.51lunwen.org】 the ISP has been informed that the information has been taken of the network, access has been disable or a court or tribunal has ordered its removal.
Article 14 – Hosting. ISPS will not be liable where the ISP does not have actual knowledge of the illegal activity/information and in a damages action is not aware of the facts or circumstances giving rise to the illegal activity or the ISP acts expeditiously to remove or disable access to the information.
Article 15 – No General Obligation to Monitor. ISPs shall not be subjected to a general obligation to monitor internet/e-mail activity. However, there may be obligations imposed on ISPs whereby they must hand over user details to appropriate authorities of the member State.
The UK’s Department of Trade and Industry is currently investigating whether the E-commerce Directive rules on limitation of liability should be extended to hyperlinkers, location tool providers and content aggregators.
Fair Use Policy
Most ISPs will only provide access to the internet if the customer reads and accepts the terms of a Fair Use Policy. If the customer violates the terms of the policy, the ISP may suspend or restrict internet access. Such a policy may deal with issues such as;
The amount of data that can be downloaded by the customer – ISPs get charged by the amount of bandwidth they use and thus may reserve the right to set a limit o data or take action against excessively heavy use
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