Pablo A. Palazzi (ed.), La Responsabilidad Civil de los Intermediarios en Internet

AuthorMiquel Peguera
PositionPh.D., Associate Professor of Law at the Universitat Oberta de Catalunya, Barcelona, Spain
Pages169-171
Miquel Peguera
2012
169
2
Pablo A. Palazzi (ed.), La Responsabilidad
Civil de los Intermediarios en Internet
Abeledo Perrot, Buenos Aires 2012, 528 p. ISBN: 978-950-20-
2280-2
by Miquel Peguera, Barcelona
Ph.D., Associate Professor of Law at the Universitat Oberta de Catalunya, Barcelona, Spain.
© 2012 Miquel Peguera
Everybody may disseminate this ar ticle by electroni c means and make it available for downlo ad under the terms and
conditions of the Digita l Peer Publishing Licence (DPPL). A copy of the license text may be obtaine d at http://nbn-resolving.
de/urn:nbn:de:0009-dppl-v3-en8 .
This article may also b e used under the Creative Commons Attribution-ShareA like 3.0 Unported License, available at h t t p : //
creativecommons.org/licenses/by-sa/3.0/.
Recommended citation: Miquel Pe guera, Book Review: Pablo A. Pala zzi (ed.), La Responsabilidad Civil de los Intermediarios
en Internet, 3 (2012) JIPITEC 169, para . 1.
1
While a lot has been written about ISP liability in the
last decade, it still proves to be a hot topic and one
 
the case in jurisdictions where special statutes have
been enacted, it is all the more so in countries la-
cking such rules. Hence scholarly initiatives such as
the workshop held on this subject at the Universidad
de San Andrés (Argentina) in May 2010 are certainly
welcome. A result of that workshop is this book, pu-
blished in March 2012. It contains 18 chapters from
a total of 19 authors and has been compiled by one
of the authors, the Argentinean legal scholar and
lawyer Pablo A. Palazzi.
2
    
which accounts for roughly two thirds of the book,
deals with the liability related to violations of perso-
nal rights particularly privacy, the right to honor,
and the right to one’s own image. The second part
is devoted to liability arising from infringements
of intellectual property rights. The book discusses
not only the Argentinean legal framework and case
law, but also takes into account, in a comparative
approach, the situation in the U.S. and in the EU.
It considers, in particular, the framework resulting
from both Section 230 of the CDA and Section 512 of
the DMCA in the U.S., and the liability limitations set
forth in the European Directive on Electronic Com-
merce (ECD). Its more general title notwithstanding,
the book focuses predominantly on search engines.
The liability of other types of intermediaries is only
dealt with in a few instances, especially when con-
sidering the U.S. and EU statutory adjustments and
some Argentinean case law on hosting providers.
3
From the perspective of a foreigner, this book is a
good opportunity to learn about the state of the de-
bate on this topic in Argentina and how its case law

covering the liability of Internet intermediaries have
not yet been passed in that country, a fair amount
of lawsuits concerning search engine liability have
been brought in the last years. In this regard, the
case of Argentina provides an interesting perspec-
tive on whether, and to what extent, a particular set
of rules is needed to deal with these issues. In fact,
most of the contributors of this book favor the ad-
option of such rules for the sake of legal certainty.
4 The eighteen chapters in which the book is divided
are of different degrees of analysis. In this respect,
the book is not homogeneous. Some contributions
explore the issues more deeply than others. In parti-
cular, the illustration of the foreign laws turns out to
be too vague in some occasions. In other cases, how-
ever, an in-depth examination of the foreign legis-
lation and case law is provided. Furthermore, being

overlap in some areas. In this regard, a future edition
-
Book Review

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT