A proposed legislative framework to protect digital copyright from end user infringement on the internet in Thailand: a comparative approach

Jarunratanasri, P., 2016. A proposed legislative framework to protect digital copyright from end user infringement on the internet in Thailand: a comparative approach. PhD, Nottingham Trent University.

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Abstract

This thesis argues that Thailand does not have adequate specific legal remedies to protect copyright work on the internet, for example, the use of copyright content on public websites or file-sharing platforms. The aim of the study is to construct a legal framework to provide effective copyright protection remedies. In particular, more effective remedies are needed for copyright infringement by end-users using client-server and Peer-to-Peer (P2P) file sharing technology.

In terms of methodology, this thesis is documentary research. The thesis employs a comparative system legal approach. It compares Thailand’s Copyright Act (No.2) B.E.2558 (CA 2015) with digital copyright enforcement systems in two foreign jurisdictions: (1) the Notice and Takedown (N&T) system of the United States; and (2) the Graduated Response (GR) of France. It examines and compares functional aspects between the CA 2015 and N&T as applied to the client/server technology. The same comparative system method is also employed with respect to digital copyright infringement under the CA 2015 compared with the GR system as it applies to P2P technology. The thesis constructs a proposal for a more effective legislative framework to protect copyright on the internet for Thailand.

The thesis finds that the practical enforcement problems relating to both client/server and P2P end user infringers in the online environment is threefold. First, it involves fast widespread distribution of content. Second, there is a large number of potentially infringing internet end users. Third, there are significant difficulties in identifying an actual infringer. The author argues that Thailand's CA 2015 court procedure is not suitable because it is slow, costly and does little to solve any of the aforementioned problems. The thesis finds that generalised characteristics of a suitable enforcement remedy should include several elements, namely, end user educative and awareness-raising functions and gradually increasing legal sanctions such as warning, fines as well as internet access restriction. It is recommended that the N&T and GR remedies in use in the US and EU respectively be adopted in Thailand with certain adjustments to suit the Thai context and replace existing unwieldy criminal and civil litigation. To this end, it is recommended that in order to overcome the difficulty of infringer identification, a new internet subscriber's duty should be introduced in Thailand.

Item Type: Thesis
Creators: Jarunratanasri, P.
Date: October 2016
Rights: This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the owner(s) of the Intellectual Property Rights.
Divisions: Schools > Nottingham Law School
Depositing User: Linda Sullivan
Date Added: 03 May 2018 11:30
Last Modified: 03 May 2018 11:30
URI: http://irep.ntu.ac.uk/id/eprint/33426

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