Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries

Ideally, Internet service providers’ (ISP) should not be responsible for the contents that transit through their services, as they have no editorial control over them. The U.S. Digital Millennium Copyright Act (DMCA) contains safe harbor provisions to limit ISP's liability on the ground of copy...

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Main Authors:	Azmi, Ida Madieha, Ismail, Suzi Fadhilah, Daud, Mahyuddin, Alavi, Rokiah
Format:	Conference or Workshop Item
Language:	English
Published:	2016
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/53702/ http://irep.iium.edu.my/53702/1/Transpacific%20Partnership_53702_20.12.16.pdf

id	iium-53702
recordtype	eprints
spelling	iium-537022016-12-20T04:51:34Z http://irep.iium.edu.my/53702/ Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin Alavi, Rokiah K Law (General) Ideally, Internet service providers’ (ISP) should not be responsible for the contents that transit through their services, as they have no editorial control over them. The U.S. Digital Millennium Copyright Act (DMCA) contains safe harbor provisions to limit ISP's liability on the ground of copyright infringement, unless they received a notice and takedown request from a copyright holder. This model has been transposed into other jurisdictions through the recently signed Trans-Pacific Partnership (TPP) Agreement between the United States of America and 11 other countries in Asia and Pacific Region. This in effect will mandate ISPs to expeditiously remove or disable access to alleged infringing material upon acquiring actual or constructive knowledge of the infringement. This TPP obligation apparently goes beyond the normal standards in the international treaties and national standards in the US as well as in Malaysia. For Malaysia, notice and takedown procedure was already in place since 2012, that i.e. few years before the signing of TPP Agreement. Set on this background, the objective of this paper is to analyze and draw some significant comparisons between TPP obligations in Malaysia with other eleven (11) TPP member countries in relation to ISP's liabilities. The discussion embraces notice and takedown requirements and other related matters such as ‘safe harbour’ provisions and incentives which are made available to ISPs. The paper concludes with the forthcoming effect of TPP on relevant Malaysian legislations and the inherent need of striking a balance between the different interests at stake namely the ISP, the copyright owner and the public net-users at large. 2016-12 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/53702/1/Transpacific%20Partnership_53702_20.12.16.pdf Azmi, Ida Madieha and Ismail, Suzi Fadhilah and Daud, Mahyuddin and Alavi, Rokiah (2016) Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries. In: International Conference on Social Sciences, Tokyo, Japan.
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin Alavi, Rokiah Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
description	Ideally, Internet service providers’ (ISP) should not be responsible for the contents that transit through their services, as they have no editorial control over them. The U.S. Digital Millennium Copyright Act (DMCA) contains safe harbor provisions to limit ISP's liability on the ground of copyright infringement, unless they received a notice and takedown request from a copyright holder. This model has been transposed into other jurisdictions through the recently signed Trans-Pacific Partnership (TPP) Agreement between the United States of America and 11 other countries in Asia and Pacific Region. This in effect will mandate ISPs to expeditiously remove or disable access to alleged infringing material upon acquiring actual or constructive knowledge of the infringement. This TPP obligation apparently goes beyond the normal standards in the international treaties and national standards in the US as well as in Malaysia. For Malaysia, notice and takedown procedure was already in place since 2012, that i.e. few years before the signing of TPP Agreement. Set on this background, the objective of this paper is to analyze and draw some significant comparisons between TPP obligations in Malaysia with other eleven (11) TPP member countries in relation to ISP's liabilities. The discussion embraces notice and takedown requirements and other related matters such as ‘safe harbour’ provisions and incentives which are made available to ISPs. The paper concludes with the forthcoming effect of TPP on relevant Malaysian legislations and the inherent need of striking a balance between the different interests at stake namely the ISP, the copyright owner and the public net-users at large.
format	Conference or Workshop Item
author	Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin Alavi, Rokiah
author_facet	Azmi, Ida Madieha Ismail, Suzi Fadhilah Daud, Mahyuddin Alavi, Rokiah
author_sort	Azmi, Ida Madieha
title	Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
title_short	Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
title_full	Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
title_fullStr	Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
title_full_unstemmed	Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries
title_sort	transpacific partnership agreement and isp liabilities: a comparative overview between malaysia and other member countries
publishDate	2016
url	http://irep.iium.edu.my/53702/ http://irep.iium.edu.my/53702/1/Transpacific%20Partnership_53702_20.12.16.pdf
first_indexed	2023-09-18T21:15:56Z
last_indexed	2023-09-18T21:15:56Z
_version_	1777411562373382144

Transpacific partnership agreement and ISP liabilities: a comparative overview between Malaysia and other member countries

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