Thesis defence F.H. Kreiken: human rights

10 April 2017 | 10:00
location: Aula, TU Delft
by Webredactie

Large-scale copyright enforcement and human right safeguards in online markets. Promotor: Prof.dr. M.J.G. van Eeten (TBM).

The amount of people that infringe on copyrights has grown dramatically since the advent of the internet and file sharing technologies. One of the ways to deal with this, is through enforcement. Enforcement is however expensive, especially when so many people infringe on copyrights. Therefore Copyright holders have adopted new strategies that could combat infringement at a large scale. The question is how these large-scale enforcement procedures impact procedural safeguards, most notably due process and fair trial.

This research presents a comparative empirical study of 22 sanctioning mechanisms from eight enforcement strategies in six countries (the US, UK, France, Ireland, Spain and the Netherlands) between 2004 and 2014. It shows that large-scale copyright enforcement procedures create substantial costs, a significant portion of which are externalized to the state and to third parties, and that large scale enforcement procedures offer fewer procedural safeguards to sanctioned parties than would be offered in standard legal procedures. This could be bad for human rights. For example, the Notice and takedown procedure requires less evidence than would be the case in court. This makes it theoretically easier to remove free speech protected expressions from the internet, under the guise of copyright enforcement. The research has also shown that infringement levels are by and large unchanged in the studied countries.

More information?
For access to theses by the PhD students you can have a look in TU Delft Repository, the digital storage of publications of TU Delft. Theses will be available within a few weeks after the actual thesis defence.

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