Examining the Dilemma between Theory and Epistemology of ISP Knowledge for Secondary Liability

Mohammad Sadeghi

Abstract


Holders of rights sue the intermediately service providers (ISPs) for contributory liability through the ISPs knowledge of infringement specifically for copyright infringement trademark and other rights. Formalism in the light of corrective justice strictly limits ISPs liability to fault based liability theory, but to evaluate ISPs fault gives credit to the probabilistic knowledge that requires ISPs to serve as the police for owners of rights. Furthermore, they are for establishing corrective justice law applies the mathematics though on the knowledge of fault via attempts to achieve all of the answers regarding the measure of evaluating ISPs’ knowledge from secondary liability rather than computing philosophy, social science, or realism. Other common theories recognize chief – justice brain or reasonable man mind induced as critical of ISPs’ knowledge of infringement. This is in contrast with computing mind philosophy. Research will answer inconsistency of theories and ISP knowledge to protect all parties’ rights.


Full Text: PDF DOI: 10.5539/jpl.v7n1p1

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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