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Responsabilité civile et neutralité de l'internet. Essai de conciliation

Abstract : It is widely known that the civil liability applied to internet intermediaries governs well beyond its direct recipients. Through its normative function, it can encourage hosters and internet service providers to restrict freedom of network users. For this reason, the law limited their liability in the early 2000s. While this system of liability is regularly at the heart of legal news, the net neutrality is now the subject of all attention. This emerging concept is presented, alternately, as the condition of freedom on the network and as an accomplice of the worst excesses. At the time when its legal consecration is suggested with insistence, it is essential to inquire about its interactions with civil liability recorded at the heart of the "internet law". This study demonstrates that, beyond an apparent opposition, the two concepts can be enriched each other, as long as we make a reasonable reading. In this context, the limitations of liability of the technical intermediaries are close to fit with neutrality. It sheds a new light on the civil liability applied to the internet. In return, neutrality becomes a consideration for the damage it causes. It earns a reasonable characteristic that was unknown so far. Far from a destructive concept often denounced, we can hope that the neutrality of the internet helps balance the tumultuous relationship between freedom and responsibility in the network.
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Submitted on : Monday, January 2, 2017 - 1:50:38 AM
Last modification on : Tuesday, October 19, 2021 - 10:45:36 PM
Long-term archiving on: : Tuesday, April 4, 2017 - 12:05:14 AM


Version validated by the jury (STAR)


  • HAL Id : tel-01424230, version 1



Alexandre Tourette. Responsabilité civile et neutralité de l'internet. Essai de conciliation. Droit. Université Nice Sophia Antipolis, 2015. Français. ⟨NNT : 2015NICE0040⟩. ⟨tel-01424230⟩



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