La responsabilité des prestataires techniques Internet au Québec

"Les prestataires techniques fournissant des services sur Internet (« FSI ») incluant le simple transporteur de documents technologiques, le prestataire offrant des services d’antémémorisation (ou services de caching) ou l’hébergeur peuvent être responsables face aux tiers ou face à leurs clients, et ce, à plusieurs niveaux. Les FSI peuvent dans certains cas être tenus responsables face aux tiers pour le caractère illicite de l’information qu’ils diffusent. Certaines informations circulant sur Internet peuvent affecter les droits d’auteur de tiers ou être diffamatoires envers certains individus et les FSI peuvent jouer un rôle dans la transmission de ces informations sur Internet. Face à leurs clients, les FSI qui ont accès à leurs renseignements personnels afin entre autres d’être en mesure d’offrir les services demandés peuvent dans certains cas être tenus responsables pour avoir fait une collecte, une utilisation ou une divulgation non autorisée de ces renseignements. Ils peuvent également être tenus responsables d’avoir fait parvenir des courriels publicitaires non sollicités à leurs clients ou pour avoir suspendu le compte d’un client qui envoie du spam dans certaines circonstances. Le présent article traite des questions de responsabilité des prestataires techniques Internet au Québec : envers les tiers en ce qui a trait au caractère illicite des documents transmis ou hébergés; et envers leurs clients relativement à leurs obligations de respect des renseignements personnels de ces clients et à leur responsabilité pour les questions relatives au spam."

The impact of broadband quality standards on internet services market structure in Colombia

This paper develops a structural model which allows estimating the impact of regulatory decisions looking for the setting of download-speed standards on market structure and performance. We characterize a setting under which quality standards improve both service quality and availability. As to quality, we evaluate the impact of quality standards on the performance of local demand from a detailed database of broadband internet subscribers, discriminated by the main attributes of an internet subscription contract as location, supplier, monthly-fee, download- and upload-speed features. From these results, we are able to identify the effect of quality regulation on the behavior of internet providers in a differentiated product market approach. As a consequence, we are able to assert that the response of internet service providers to quality regulation is a more intense product differentiation that contributes to demand expansion and therefore to improve broadband penetration indicators.

Museums as service providers

The present paper discusses the complex understanding of Museum as an entity that provides services. Indeed we are far from seeing museums fully acting as services since the rationale of the way they operate derives from the permanent concession of grants either from state budgets or from beneficent institutions. In order to do this, we use reflections presented in previous papers, where we considered these issues separately; we now believe they will gain some coherence when articulated with the reflection on museums seen in their possible, albeit inadequately assumed, condition as service providers.We shall consider some aspects of the introduction in museums of the new information and communication technologies (NICT) as part of this process. On the one hand, these technologies open doors, and some museums take good advantage of that; but on the other hand their being used in a limited way does not enable the realisation of the role they can play, with multiple benefits from the organisational point of view, fostering innovation and creating new service concepts that are more aware of the world we live in.

Improving continence services for older people from the service-providers’ perspective : a qualitative interview study

Objective: To examine in depth the views and experiences of continence service leads in England on key service and continence management characteristics in order to identify and to improve our understanding of barriers to a good-quality service and potential facilitators to develop and to improve services for older people with urinary incontinence (UI). Design: Qualitative semistructured interviews using a purposive sample recruited across 16 continence services. Setting: 3 acute and 13 primary care National Health Service Trusts in England. Participants: 16 continence service leads in England actively treating and managing older people with UI. Results: In terms of barriers to a good-quality service, participants highlighted a failure on the part of commissioners, managers and other health professionals in recognising the problem of UI and in acknowledging the importance of continence for older people and prevalent negative attitudes towards continence and older people. Patient assessment and continence promotion regardless of age, rather than pad provision, were identified as important steps for a good-quality service for older people with UI. More rapid and appropriate patient referral pathways, investment in service capacity, for example, more trained staff and strengthened interservice collaborations and a higher profile within medical and nurse training were specified as being important facilitators for delivering an equitable and highquality continence service. There is a need, however, to consider the accounts given by our participants as perhaps serving the interests of their professional group within the context of interprofessional work. Conclusions: Our data point to important barriers and facilitators of a good-quality service for older people with UI, from the perspective of continence service leads. Further research should address the views of other stakeholders, and explore options for the empirical evaluation of the effectiveness of identified service facilitators.

Electrical Hookups and Service Providers in Maine

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A Internet como canal de compra

A Internet, apesar de sua grande popularização, é ainda uma incógnita sob o ponto de vista de seu alcance comercial e de suas implicações no estudo do Comportamento do Consumidor. Numerosos estudos estão sendo desenvolvidos, porém dentro de um contexto teórico clássico de Marketing, isto é, posicionando-a como um instrumento “midiático”. Diferentemente, este trabalho procura vê-la como um canal de marketing, analisando-a através da resposta de 726 usuários da Companhia de Processamento de Dados do Rio Grande do Sul – PROCERGS, provedor de acesso à Internet do Rio Grande do Sul. Foi possível identificar sete dimensões características do processo de compra na rede: 1) comodidade, 2) atendimento, 3) conteúdo informacional do site, 4) apresentação e interface da home page, 5) segurança, 6) taxa e tempo de entrega e 7) oferta de produtos. O estudo mostra que a oferta de produtos e a comodidade são os fatores que influenciam a decisão de compra, enquanto que a apresentação/interface da home page, a segurança e o atendimento são os fatores mais preponderantes na decisão de NÃO compra. Também são apresentadas as diferenças percebidas pelos usuários entre a compra realizada na Internet e a efetuada nos canais tradicionais. A avaliação da Internet como canal de compra é finalizada com a identificação dos atributos determinantes da compra pela rede.

Caregivers' Social Capital and Satisfaction with their Children's Service Providers

The authors examine children's access to and caregiver's satisfaction with organizations that provide leisure time activities for children on Saturdays. The authors argue that access and satisfaction are a function of familie's financial, cultural and social capital. Using data on 1,036 households in the Phoenix metropolitan area in 2003-04, the authors found that families' financial and cultural capital affected whether or not children participate din activities organized by organizations, but family ties to the organization directly (e.g., either worked there, volunteered, donated) resulted in caregivers being more satisfied with the services. The authors also found that the benefits of network closure (caregivers knowing the parents of other children on site) were greater the riskier the activities of the child (e.g., sports or cheerleading). Contrary to the authors expectations, having family or friends in the area did not affect caregiver's satisfaction with the child's provider.

Liability for Copyright Infringements on the Internet: Host Providers (Content Providers) - The Geman Approach

Copyright infringements on the Internet affect all types of media which can be used online: films, computer games, audio books, music, software, etc. For example, according to German studies, 90% of all copyright violations affecting film works take place on the Internet. This storage space is made available to such infringers, as well as to others whose intentions are legal, by hosting providers. To what extent do hosting providers have a duty of care for their contribution to the copyright infringements of third parties, i.e. their users? What duties of care can be reasonably expected of hosting providers to prevent such infringements? These questions have been heavily debated in Germany, and German courts have developed extensive case law. This article seeks to examine these questions by assessing German jurisprudence against its EU law background.

Evaluation of the Role of Access Providers Discussion of Dutch Pirate Bay Case Law and Introducing Principles on Directness, Effectiveness, Costs, Relevance, and Time

Internet service providers (ISPs) play a pivotal role in contemporary society because they provide access to the Internet. The primary task of ISPs – to blindly transfer information across the network – has recently come under pressure, as has their status as neutral third parties. Both the public and the private sector have started to require ISPs to interfere with the content placed and transferred on the Internet as well as access to it for a variety of purposes, including the fight against cybercrime, digital piracy, child pornography, etc. This expanding list necessitates a critical assessment of the role of ISPs. This paper analyses the role of the access provider. Particular attention is paid to Dutch case law, in which access providers were forced to block The Pirate Bay. After analysing the position of ISPs, we will define principles that can guide the decisions of ISPs whether to take action after a request to block access based on directness, effectiveness, costs, relevance and time.

Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers

Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries.In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent ECJ ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality evaluation is provided. The major observation is that the underlying goal of copyright enforcement has implications on how the scale tilts. In particular, ineffective enforcement mechanisms can be more easily accepted if the goal of symbolic, educational or politically motivated enforcement is considered legitimate. On the other hand, if the goal is to decrease the impact of infringement, higher efficiency and economically quantifiable results may be required

A telecom analytics framework for dynamic quality of service management

Since the beginning of Internet, Internet Service Providers (ISP) have seen the need of giving to users? traffic different treatments defined by agree- ments between ISP and customers. This procedure, known as Quality of Service Management, has not much changed in the last years (DiffServ and Deep Pack-et Inspection have been the most chosen mechanisms). However, the incremen-tal growth of Internet users and services jointly with the application of recent Ma- chine Learning techniques, open up the possibility of going one step for-ward in the smart management of network traffic. In this paper, we first make a survey of current tools and techniques for QoS Management. Then we intro-duce clustering and classifying Machine Learning techniques for traffic charac-terization and the concept of Quality of Experience. Finally, with all these com-ponents, we present a brand new framework that will manage in a smart way Quality of Service in a telecom Big Data based scenario, both for mobile and fixed communications.