Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.658344
Title: The practical difficulties of applying the tort Private International Law rules to the internet using online copyright infringement as the primary research component
Author: Hyland, Mark Leo
ISNI:       0000 0004 5352 9696
Awarding Body: University of Newcastle upon Tyne
Current Institution: University of Newcastle upon Tyne
Date of Award: 2014
Availability of Full Text:
Access through EThOS:
Access through Institution:
Abstract:
The objective of this thesis is to analyse the very real and practical difficulties faced by lawyers in applying the tort private international law (PIL) rules to the internet and to investigate which factors, technology-related or otherwise, either assist or hinder the application of the PIL rules to the internet. These practical difficulties arise from the fact that many of the basic provisions of PIL relate to physical world (or offline) elements such as domicile, nationality and place of damage or harmful event (locus delicti). Effective application of PIL rules is dependent on sovereign competence operating within clear jurisdictional borders. As a consequence, difficulties arise for conflicts lawyers as the internet often disregards borders. Ubiquitous torts, such as unauthorised peer-to-peer (P2P) file-sharing affecting copyright works and online defamation have become commonplace in the online world.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.658344  DOI: Not available
Share: