© 2017

Secondary Liability of Internet Service Providers

  • Graeme B. Dinwoodie
  • Reveals wide variation among countries regarding the character of secondary liability rules

  • Analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others

  • Highlights evolving commonalities and transborder commercial practices that exist despite the lack of hard international law

  • Discusses sources and concepts, policy mechanisms, and specific contexts


Part of the Ius Comparatum – Global Studies in Comparative Law book series (GSCL, volume 25)

Table of contents

  1. Front Matter
    Pages i-xii
  2. Xawery Konarski, Tomasz Targosz
    Pages 73-91
  3. Tatiana Eleni Synodinou, Philippe Jougleux
    Pages 125-140
  4. Elisa Bertolini, Vincenzo Franceschelli, Oreste Pollicino
    Pages 141-170
  5. Back Matter
    Pages 383-386

About this book


This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.


Administrative Approaches to ISP Regulation Copyright vs. Copyleft Foundations of Liability for IP Infringement ISPs and Safe Harbours ISPs in the United States Internet Service Provider Copyright Infringement Legal framework Governing ISPs Liability for unsecured wireless networks Liability of Internet Intermediaries Norms Governing secondary Liability of Internet Intemediaries Omissions as the Basis for Liability Policy mechanisms for ISPs Secondary Liability of Internet Service Providers Secondary liability of internet service providers Sources and Concepts Web Blocking Mechanisms

Editors and affiliations

  • Graeme B. Dinwoodie
    • 1
    • 2
  1. 1.Faculty of LawUniversity of OxfordOxfordUK
  2. 2.IIT Chicago-Kent College of LawOxfordUSA

About the editors

Graeme B. Dinwoodie is the Professor of Intellectual Property and Information Technology Law at the University of Oxford, Director of the Oxford Intellectual Property Research Centre, and a University Professor at Chicago-Kent College of Law. He has previously taught at the National University of Singapore (as the Yong Shook Lin Professor in Intellectual Property Law), New York University University School of Law (as a Global Visiting Professor of Law), the University of Pennsylvania School of Law, and the University of Cincinnati College of Law. Immediately prior to taking up the IP Chair at Oxford, Professor Dinwoodie was for several years a Professor of Law at Chicago-Kent College of Law and, from 2005-2009, also held a Chair in Intellectual Property Law at Queen Mary College, University of London.  Professor Dinwoodie holds law degrees from the University of Glasgow, Harvard Law School (where he was a John F. Kennedy Scholar), and Columbia Law School (where he was a Burton Fellow). He is an elected member of the American Law Institute, and served as President of the International Association for the Advancement of Teaching and Research in Intellectual Property from 2011-2013. In 2008, the International Trademark Association awarded Professor Dinwoodie the Pattishall Medal for Teaching Excellence in Trademark Law.  He is the author of numerous articles and books on trade mark law and on international and comparative intellectual property law.  

Bibliographic information

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“This book offers a very comprehensive analysis of doctrinal structure and court decisions across several nations that, once read in a collective way, contribute to the identification of common aspects and transnational behaviors that emerge in the absence of hard international law.”(Alessandro Berni, Computing Reviews, June, 2018)