Author(s): Rolf H. Weber
Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387
Volume: 1;
Issue: 3;
Start page: 145;
Date: 2010;
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Keywords: Access Provider | Host Provider | Content Provider | ISP | Switzerland | Liability
ABSTRACT
Switzerland does not have a concrete legal framework dealing with rights and obligations of ISPs; however, legal doctrine and practice apply similar principles as stated in the E-Commerce Directive of the EU. The liability of ISPs depends on the “closeness” to the content. Whereas in cases of solely transmitting services the risk of liability for illegal information is remote and the duty of ISPs is limited to a take-down, content, host and link providers (in cases of moder- ated newsgroups) can become liable if the information made available is not controlled.
Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387
Volume: 1;
Issue: 3;
Start page: 145;
Date: 2010;
VIEW PDF
DOWNLOAD PDF Original pageKeywords: Access Provider | Host Provider | Content Provider | ISP | Switzerland | Liability
ABSTRACT
Switzerland does not have a concrete legal framework dealing with rights and obligations of ISPs; however, legal doctrine and practice apply similar principles as stated in the E-Commerce Directive of the EU. The liability of ISPs depends on the “closeness” to the content. Whereas in cases of solely transmitting services the risk of liability for illegal information is remote and the duty of ISPs is limited to a take-down, content, host and link providers (in cases of moder- ated newsgroups) can become liable if the information made available is not controlled.
