840070 :Liability and the Internet for LAS

Algemeen

Voertaal Engels
Werkvorm: Written instruction via black board, video lectures and 2 individual Skype meetings (Geen informatie over collegetijden bekend)
Tentamenvorm: Two assignments, take home exam, presentation (Geen informatie over tentamendata bekend)
Niveau:Bachelor
Studielast:6 ECTS credits
Inschrijving:Enrollment via Blackboard before start of lectures
Blackboard informatieLink to Blackboard (Als u de melding 'Guest are not allowed in this course' krijgt, dient u nog bij Blackboard in te loggen)

Docent(en)


mr.dr. C.M.K.C. Cuijpers (coördinator)


Doel van de cursus (alleen in het Engels beschikbaar)

Students will be offered a 7 steps method during which they are to analyze liability issues related to the Internet. Notice that these steps do not stand alone but are taught in connection with each other.

  • Step 1: The student is able to identify the elements of liability in a given case (damage, wrongdoer, conduct, causality, grounds of accountability and burden of proof).
  • Step 2: The student can determine applicable law.
  • Step 3: The student can analyze the influence the three characteristics of the Internet (internationalization, dematerialization and technological turbulence) have in a given case.
  • Step 4: The student can analyze the role of Internet intermediaries (such as Internet Service Providers (ISPs), evaluate the liability regime applicable to those intermediaries and draw conclusions for improvements.
  • Step 5: The student is able to take a functional approach (how does, from a legal perspective, the online situation equal the offline situation) and look for offline comparables to online situations. Students must be able to give a motivated answer to the question whether the rules for the offline situation can be applied to the online situation without any adaptations. When appropriate, students are able to suggest proposals for adaptations.
  • Step 6: The student is able to analyze and evaluate a case both from a multidisciplinary (taking into account different scientific disciplines) and comparative perspective (online vs. offline as well as different legal systems).
  • Step 7: The student can describe the role contract law plays in the field of liability and the Internet.



Students will be challenged to apply these steps to actual case law (e.g. Tiffany vs. Ebay).


Inhoud van de cursus (alleen in het Engels beschikbaar)

The course will provide an insight into liability issues related to the use of, and the services supplied on the Internet. The principles of traditional elements of liability (damage, wrongdoer, conduct, causation, proof and grounds of accountability) should be analyzed and, students will be taught how to apply these principles to current liability issues related to the Internet. In this respect not only scientific literature, but also newspaper articles will be used to address the topics that are 'hot' at that moment in time. The Internet develops much faster than the rules regulating it. Often, 'new problems' must be faced with 'old rules'. Therefore, students need to look for potential offline equivalents to online problems in order to solve a case. However, not all online cases are comparable to offline situations. In some cases offline rules can be adapted and applied to online matters, in other cases specific rules for the online world are needed. Students will be challenged to find solutions to cases concerning liability and the Internet taking into account the characteristics of the Internet: de-materialization, internationalisation (or de-territorialisation) and technological turbulence. These inner features of the Internet strongly challenge the bold applicability of the rules of the analogue world and therefore will be elaborated upon during the course. In the online world even more so than in the offline world, a legal issue is hardly ever just a legal one. Technological, economical, ethical, psychological, and sociological arguments will, in most cases, play a role in solving legal conflicts or will have influenced the way in which legal rules deal with legal problems. Therefore, students will be presented with examples of these arguments so that they will learn to take these into account when solving juridical questions related to liability and the Internet. In fact, students will be taught to find the elements of liability law in a given case concerning the online world, to look for comparable cases in the offline world, and to assess whether the rules used in the offline world can be applied to the online world without adaptations. If adaptations are necessary, students should suggest proposals. Students are challenged to compare and to criticise different national approaches and to motivate how they think a specific problem is best solved. Students will be made aware of other aspects (social, ethical, political, technical, and economical) that can influence the way in which legal questions relating to liability and the Internet are approached. They will be challenged to take these aspects into consideration while solving a case.


Bijzonderheden (alleen in het Engels beschikbaar)

This course will consist of video lectures and 2 individual Skype meetings. The grade of the course is composed of the grades for the two assignments (essay and position paper to be presented in pecha kucha style) and the take home exam (As. 1 + As. 2: 2 = A. Take home is B. Final grade is average of A + B).

PLEASE NOTE: THIS COURSE IS FOR LIBERAL ARTS AND SCIENCES STUDENTS IN THE MAJOR LAW ONLY!


Verplichte literatuur

  1. Will be made available via Black Board.


Verplicht voor

(18-jul-2017)