This article intends to take seriously some difficulties inherent in the legal regulation of violent, offensive or harmful speech acts on the Internet. In particular, assuming that cyberspace can be ...thought of as a primitive order whose sanctions have a predominantly reputational nature, it will focus on the reflections on legal primitivism developed by Hans Kelsen starting from the study Society and Nature: A Sociological Inquiry (1943). As part of the discussion, it will clearly emerge how, historically, in the context of primitive systems, forms of strict liability have often been resorted to. In analogy with those historical experiences and in the absence of more mature forms of regulation, today the possibility of attributing offensive users’ speech acts to large active service providers seems equally confirmed.
Abstract The Indonesian Supreme Court rejected the cassation and imposed a fine of IDR 199 billion on PT. Rambang Agro Jaya (RAJ), a subsidiary of Malaysia’s Kulim Berhad, for a 500-hectare forest ...and land fire case in Ogan Komering Ilir Regency, South Sumatra. This study aims to conduct a normative juridical analysis of the courts’ decision, holding PT. Rambang Agro Jaya was strictly liable for the environmental damage caused by the fire. The research reveals: (1) Central Jakarta District Court Decision No. 445/Pdt.G/2019/PN Jkt.Pst establishes strict liability and orders the Defendant to pay material losses totaling IDR 137.57 billion. (2) Jakarta High Court Decision No. 398/PDT/2021/PT DKI upholds the Central Jakarta District Court’s decision, reinforcing strict liability and increasing the total compensation to IDR 199.57 billion. (3) Supreme Court Decision No. 2196 K/PDT/2022 rejects PT. Rambang Agro Jaya’s cassation confirmed the Defendant’s unlawful actions and strict liability and imposed a material loss compensation of IDR 199.57 billion. The rulings signify a progressive step in enforcing environmental responsibility, with the substantial fine signaling a strict stance against ecological violations. The Supreme Court’s consistent rejection of cassation strengthens legal certainty and establishes a robust legal precedent for similar future cases, and underscores the significance of corporate accountability in promoting environmental sustainability.
Contract law affects behavior not just directly, by ordering damages, but also indirectly, by providing information on how the parties to the dispute behaved. Information from litigation can then ...help third parties decide whether to do business with the disputants going forward. Contract law thus affects behavior by shaping reputations and facilitating market discipline. This Article examines contract law's liability standards, defenses, and remedies doctrines from an information-production perspective, and generates the following three contributions.
Weak supervision on the standardization of the quality of goods products, the negative impact of the use of technology, and fraudulent products cause an increase in hidden defective goods products in ...the current era of globalization. The phenomenon of the existence of hidden defective products increasingly demanding the importance of the role of government to regulate, supervise and control to create a legal construction of product responsibility for consumers, which normatively does not exist yet. The concept of consumer protection due to hidden defective goods is a new thing that has never been explained in Indonesian literature. The purpose of this paper is to analyze the hidden defective products phenomenon, and the legal basis on the principle of responsibility is applied. Strict liability of produces due to loss of hidden defective goods products as an effort to protect consumers in Indonesia. This research uses the normative analysis method by using secondary data as primary data through the statute approach, philosophical approach, and historical approach. The results of this study show the importance of legal products that can provide consumer rights without reducing the rights of produces. The need for a legal basis for the product liability principle with the principle of strict liability to claim the responsibility of a produces through developing the doctrine of tort as a basis for demanding compensation due to hidden defective goods from the outstanding produces on the market. For this reason, it is recommended as a consideration, namely normative amendment to the law of the Republic of Indonesia number 8 of 1999 concerning consumer protection as a short-term step, while the long-term step is to issue a special law that regulates the absolute responsibility of produces due to loss of defective products hidden in the future.
Anti-patents Baharad, Roy; Benjamin, Stuart Minor; Guttel, Ehud
The University of Chicago law review,
01/2024, Letnik:
91, Številka:
1
Journal Article
Recenzirano
Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful ...conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the "injurer-innovator problem." Patent law incentivizes injurers-often uniquely positioned to make technological breakthroughs-by allowing them to profit from licensing their inventions to competitors. Yet tort law, by imposing liability for failures to invest in care, forces injurers to incur the cost of implementing their own inventions. When the cost of self-implementation exceeds the revenues that may be reaped from patenting new technologies, injurers are better off refraining from developing socially desirable inventions. The injurer-innovator problem remarkably persists under both negligence and strict liability regimes, and in the face of different victim types. Multiple real-world examples demonstrate the extent and pervasiveness of this phenomenon.
To realign the incentives provided by the patent and tort systems, this Essay proposes a new legal construct: anti-patents. While a standard patent grants an inventor the exclusive right to use its invention, an anti-patent creates the converse exclusivity regime: the inventor, and only the inventor, is not required to use the invention. Importantly, anti-patents retain the existing patent protection, allowing injurer-innovators to charge monopolistic prices from competitors but simultaneously eliminating the obstacle created by tort law. An injurer-innovator who owns an anti-patent will enjoy immunity from the heightened standard of care to which the rest of the industry would now be subject. The Essay further shows that the antipatent mechanism not only succeeds at harmonizing patent and tort law toward the advancement of technological progress but also outperforms alternative schemes employed to stimulate innovation (i.e., prizes, grants, and tax benefits). Finally, it ties the logic that underlies anti-patents to existing doctrines designed to elicit the disclosure of private information.
Sports associations regularly enact or amend the associations’ statutes and, in doing so, establish regulations which can have a restrictive effect on association members, furthermore on third ...parties. Through this, sports associations usually invoke the association's autonomy, which, however, is subject to (anti-trust) legal limits. The author examines this highly controversial area of law with special reference to the so-called Meca-Medina test, and then applies his approach to numerous practical and highly topical examples. This first comprehensive presentation of sports antitrust law is aimed at sports lawyers, sports associations, those (in)directly affected by sports associations’ regulations, courts, but also at legal scholars as well as students.
In "Evictionism and Libertarianism," published in this journal, Walter Block defends the view that, although the fetus is a human being with all the rights to its body, it may nonetheless be evicted ...from the woman's body as a trespasser, provided the pregnancy is unwanted. We argue that this view is untenable: the statement that the unwanted fetus is a trespasser does not follow from the premises that the fetus uninvitedly resides in the woman's body and that the woman is a full self-owner. For this statement to follow, one more statement would have to be true; namely, the woman would have to hold her self-ownership rights specifically against the fetus, and for this to be the case, the fetus would have to have a correlative duty to the woman to abstain from interfering with her body. This statement, however, is false.
This paper argues for a sandbox approach to regulating artificial intelligence (AI) to complement a strict liability regime. The authors argue that sandbox regulation is an appropriate complement to ...a strict liability approach, given the need to maintain a balance between a regulatory approach that aims to protect people and society on the one hand and to foster innovation due to the constant and rapid developments in the AI field on the other. The authors analyse the benefits of sandbox regulation when used as a supplement to a strict liability regime, which by itself creates a chilling effect on AI innovation, especially for small and medium-sized enterprises. The authors propose a regulatory safe space in the AI sector through sandbox regulation, an idea already embraced by European Union regulators and where AI products and services can be tested within safeguards.
Machines have been known to cause harm to humans, and liability for such harm has often been sheeted home to the natural or corporate persons behind the machines who have breached legal duties. With ...the rise of intelligent and autonomous machines which increasingly learn from external sources, the possibility of actions and 'decision making' by artificial intelligences ('AI') that may not have been anticipated by those behind the machines increases. So too does the possibility that designers, manufacturers, owners, or users may argue that they could not reasonably foresee such actions or decisions by AI and so should not be held legally responsible for these actions when they cause harm. Solutions to the possibility that victims of harm may have no civil or criminal remedy range from laws analogising with liability for dangerous animals, to granting limited legal personality to AI. Yet strict or stricter liability on the manufacturers and promoters of AI appears to be the preferable policy option for remedying such harm for the foreseeable future.
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