Liability, Upload Filters and Transparency – How the EU tackles challenges posed by Online Platforms
Liability, Upload Filters and Transparency – How the EU tackles challenges posed by Online Platforms

Course Overview

This course is dedicated to legal challenges posed by online platforms (eg YouTube, TikTok, Instagram, Amazon). The focus lies on the liability of platform providers for infringing user uploads, automated enforcement tools (upload filters) and the lack of transparency that arises in a platform environment. At the center of the lectures are current approaches by the European legislature to address these challenges.

 

Course Outline

The course consists of 5 meetings. They are structured as follows:

Meeting 1: Introduction to the course and to legal challenges posed by online platforms (Monday 20.11.2023, 16:00–17:40, 041)

Meeting 2: Liability of platform providers for copyright infringing uploads (Tuesday 21.11.2023, 16:00–17:40, 041)

Meeting 3Upload Filters and approaches to mitigating risks of overblocking (Tuesday 21.11.2023, 18:00–19:40, 041)

Meeting 4Liability of platform providers for trademark infringements (Wednesday 22.11.2023, 16:00–17:40, 041)

Meeting 5: Transparency of rankings and search results (Wednesday 22.11.2023, 18:00–19:40, 041)


Preparation and materials

The classroom sessions will consist of a mixture of lectures and discussions. All students are highly encouraged to participate in these discussions. To be able to engage, reading the assigned materials before each class will be helpful. In addition, a list of questions is available for each unit. 


Further Readings for the Lectures

Frosio (ed), Oxford Handbook of Online Intermediary Liability, Chapters 1 and 15-20

Perel/Elkin-Koren, Accountability in Algorithmic Copyright Enforcement, 19 Stanford Technology Law Review 2016, 473


Examination

The final lecture will conclude with a multiple-choice test. All organizational issues including the mode of assessment will be discussed at the beginning of the first meeting.