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1 – 2 of 2The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party…
Abstract
Purpose
The purpose of this article is to analyse the concept of a fair balance between conflicting fundamental rights in the context of intermediary liability for third party copyright infringement.
Design/methodology/approach
European Legal Method.
Findings
Fair balance is the appropriate conflict resolution mechanism in cases of fundamental rights clashes. Balancing is in essence a call for rational judicial deliberation. In intermediary liability, balancing excludes the imposition of filtering obligations on intermediaries for the purpose of copyright enforcement, but allows blocking.
Originality/value
An in-depth look at a complicated, vague and underdeveloped area of law with significant practical effect.
Details