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Tania Voon and Elizabeth Sheargold

remedies and safe harbors” that includes “legal incentives” for ISPs to cooperate with copyright owners to deter the unauthorized storage and transmission of copyrighted works. Id . art. 18.82.1. Upon obtaining knowledge of the copyright infringement, ISPs must “expeditiously remove or disable access” to the material. Id . art. 18.82.3(a). To counterbalance this obligation, ISPs are provided with a safe harbor from monetary damages for copyright infringement on their network that they do not “control, initiate or direct.” Id . art. 18.82.1(b). While these provisions

Open access

Ricardo Perlingeiro

administrative decision only ceased to be effective ab initio in the case of periculum in mora and fumus boni iuris (for which the claimant bears the burden of proof), in an interim relief measure, under the system of due process of law, the administrative decision does not enter into effect until after the completion of the preliminary proceeding, and inversely, the exception to that rule depends on periculum in mora and fumus boni iuris , both of which must be proven by the the administrative authority See North American Cold Storage Co. v. Chicago , 211 U.S. 306