We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Pre-trial Discovery of User Identities
from Part III - Across Disciplines
Published online by Cambridge University Press: 27 March 2020
The relationship between copyright and privacy is complex: copyright and privacy may be mutually reinforcing or may conflict. This chapter explores the relationship between copyright and privacy in the context of pre-trial discovery of identities of internet users allegedly committing copyright infringements by use of peer-to-peer (P2P), principally BitTorrent, networks. In particular, the chapter examines the extent to which courts granting identity disclosure from ISPs satisfactorily address conflicts between copyright and privacy. The chapter argues that judicial reasoning in this context may be improved by means of structured rights balancing, which is to be preferred to conventional multi-factor common law reasoning.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
