The Economics of tort law applied to Internet intermediaries : example of intellectual property

Abstract : Internet intermediaries' liability is a rising issue in a more and more complex digital environment. Intermediaries provide online services. They create or facilitate transactions between third parties (hosting, online shops, ISPs...). At the end of the 1990s, a limited liability has been established for these actors with the aim of developing intermediaries and Internet through cross externalities. However, the arrivals of new uses and functions have created negative externalities for some economic agents. The new increase of case law sometimes contradictory, in particular for intellectual property rights, questions this exemption. It creates legal risk for Internet intermediaries. Thus, they have to take into account this new situation in their business models. This thesis studies specific behaviors that Internet intermediaries' liability creates with the example of intellectual property rights. First we describe the historic evolution of this liability. Then we develop a simple theoretical model in order to explore the influence of legal risk when there is competition between an intermediary and a copyright holder. Finally, the model is extended to take into account avoidance activities of Internet intermediaries.
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Marine Lefort. The Economics of tort law applied to Internet intermediaries : example of intellectual property. Economics and Finance. Ecole Nationale Supérieure des Mines de Paris, 2015. English. ⟨NNT : 2015ENMP0004⟩. ⟨tel-01144451⟩

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