service provider liability: legal issues in research data collection and sharing by eudat
DESCRIPTION
v1.0, June 2014 - Are hosting providers liable for the data that they store? And what about if they do not have actual knowledge of illegal activity? Are you sure that contractual liability limitations (eg. in Terms of Service) provide you with the right protection? This module addresses such questions. Download the presentation and find out. Who is it for?: Researchers, Data Managers, General public.TRANSCRIPT
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Sharing: Service Provider Liability & Terms of Service
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ServicePart of an EUDAT series on Legal Issues www.eudat.eu
Content generated by
Pawel Kamocki, IDS Mannheim
V1.0 – June 2014
Table of ContentsI. Service Provider Liability
II. Terms of Service
III. About EUDAT
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I. Service Provider Liability
Regulations
• Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
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• National implementations
I. Service Provider Liability• Hosting Providers may be liable for the data that they store (link of
causation)!• The Hosting Provider is not liable on condition that:
• he does not have actual knowledge of illegal activity or information; or• upon obtaining such knowledge or awareness, he acts expeditiously to
remove or to disable access to the information.
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• This does not apply if the recipient of the service is acting under the authority or the control of the provider (employer-employee relation?)
• The liability limitation applies only to Hosting Providers whose activity is of a mere technical, automatic and passive nature (no intervention on the content, no review of the content!)
further reading: P. Kamocki(2014), Liability of service providers in e-Research Infrastructures. Killing the messenger?
I. Service Provider Liability• contractual liability limitations (eg. in Terms of Service) may provide
for some additional protection, but:• in some cases they may be invalidated under consumer
protection law (applies to relations between a consumer and a business)
• they have no effect on third parties (the Hosting Provider may
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• they have no effect on third parties (the Hosting Provider may still be sued by a third party, and then ‘sue the data provider back’)
• bear in mind that the Service Provider is a priori more solvent than the data provider, which makes him an easier target for a lawsuit!
II. Terms of Service
• Terms of Service (Terms of Use, Terms and Conditions) may define many aspects related to the functioning of a service, such as:
• Availability of services• Liability of users
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• Rights and obligations of users• Intellectual property rights of users (it is possible that by
accepting the ToS you transfer or license your intellectual property rights!)
• Become binding contracts if accepted!• Normally override statutory copyright exceptions!
II. Terms of Serviceexample Text and Data Mining policies in Terms of Service:
To protect the Products for the research and educational use of Authorized Users, automated searches against ProQuest’s systems are not permitted with the exception of nonburdensome federated search services. Data mining is prohibited.
Linguistics and Language Behavior Abstracts (LLBA), Terms & Conditions, s. 6b
Text mining access is provided to subscribers for non-commercial purposes
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Text mining access is provided to subscribers for non-commercial purposesAccess is via the ScienceDirect APIs onlyText mining output adheres to the following conditions:1. Output can contain "snippets" of up to 200 characters of the original text2. Licensed as CC-BY-NC3. Includes DOI link to original content
Elsevier ’s Terms and Conditions of Text and Data Mining
Institutional Licensees and/or Authorized Users (as defined in the JSTOR Terms and Conditions of Service) may use Data for Research to perform research activities involving computational analysis rather than for purposes of understanding the intellectual meaning of such content…
JSTOR, Terms and Conditions for Use for Journals, Plants…, s. 2.3
III. About EUDAT
a pan-European initiative building a sustainable cross-disciplinary and cross-national data infrastructure providing a set of shared services for accessing and preserving research data
EUDAT is...
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supporting multiple research communities by working closely with them to deliver these technical services as part of the EUDAT Collaborative Data Infrastructure (CDI)
III. About EUDATA truly pan-European Infrastructure
Research CommunitiesNational Data CentresTechnology Providers
Offering permanence,
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general data centrescommunity centres representing all the associatedcommunity data centres
Offering permanence, persistence, reliability and
long term solutions
III. About EUDATThe EUDAT services suite
www.eudat.eu
Contact us for more information [email protected]
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The author wishes to acknowledge the many valuable suggestions made by:
Marc Stauch, Ville Oksanen & Adam Carter
Content generated by
Pawel Kamocki, IDS Mannheim, [email protected]
Contact us for more information [email protected]