AGCM, qui.
Is Letter to Larry Page the First Step Towards Legislating Google Glass?
Thesecuretimes.wordpress.com, here.
Privatheit im Internet. Chancen wahrnehmen, Risiken einschätzen, Vertrauen gestalten
acatech – Deutsche Akademie der Technikwissenschaften, here.
Revising copyright law: libraries, archives, museums and educational institutions
Statement of L. Gasaway, Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary, here.
Intellectual Property Rights and Access to Innovation: Evidence from TRIPS
M. Kyle, Y. Qian, H. Xie, here.
A Case Study for Consensus Building: The Copyright Principles Project
US Subcommittee on Courts, Intellectual Property and the Internet, here.
Shakespeare Review of PSI in the UK
Here.
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Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
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Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
"Data that is derived from the activity of citizens must be seen as being at least co-owned
by them and returning value to them, though the investment of business in collecting and
processing the data should also be respected. There are government initiatives such as
Midata, a government led project that works with businesses to give consumers better
access to the electronic personal data that companies hold about them. The project
recognises that data about citizens belongs to them and that they should have a way of
claiming and using their ownership. Midata is currently about empowering consumers –
government itself should explicitly embrace the Midata initiative to empower citizens by
returning key data it holds on citizens back to them."
Sanofi-Aventis sanctionnée pour dénigrement à l'encontre des génériques de Plavix
Autorité de la Concurrence, ici.
Avoiding the 'Robin Hood Syndrome' in Developing Antitrust Jurisdictions
A. Abbott, S. Sacher, here.
Public and Universal Service Obligations and Competition
M. Harker, A. Kreutzmann, C. Waddams, here.
EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
Press Release, here.
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
Copyright in the Digital Era: Building Evidence for Policy
US National Research Council of the National Academies, here.
Educational Fair Use: Amici Curiae in Support of Georgia State University
Academic Authors and Legal Scholars, here.
How the Google Consent Order Alters the Process and Outcomes of Frand Bargaining
E. Dorsey, M. McGuire, here.
Microsoft-Motorola follow-up: A look at Judge Robart’s modified Georgia-Pacific RAND methodology
Essentialpatentblog.com, here.
European parliament starts discussing the proposed Directive on collective management of copyright
Communia-association.org, here.
Canada: Privacy and Social Media in the Age of Big Data
Report of the Standing Committee on Access to Information, Privacy and Ethics, House of Commons, here.
Vers une redéfinition du « cercle de famille » en faveur du partage des oeuvres sur Internet ?
Scinfolex.wordpress.com, here.
The European Commission Policy on Open Access: the Importance of Text and Data Mining
J.-F. Dechamp, here (Presentation)
Brussels Court of Appeal: embedding illegal YouTube content is no copyright breach
Futureofcopyright.com, here.
Indian copyright organisation asks colleges to buy licence to photocopy book portions
Economictimes.indiatimes.com, here.
Competition Authority reminder to businesses: resale price maintenance is against the law
Competition Authority (Ireland), here.
Bußgeldbemessung bei Kartellverstößen wird an BGH-Rechtsprechung angepasst
Bundeskartellamt.de, hier.
The Future of Interoperable E-books: What Libraries Need to Know
Slides from NISO’s Virtual Conference, here.
Bruno Lasserre on Competition Policy Attitudes in France
My quick take
on the very interesting speech given today in Trento by the Chairman of the
French Competition Authority.
- Sort
of schizophrenia between consumers (pro) and citizens (more skeptical) towards
competition policy.
- The
glorious days of competition policy in France go back to at least 1791, when guilds (corporations) were suppressed by initiative of the revolutionaries.
- Before
WWII, the attitude in France was generally very positive, at a time in which,
by contrast, Germany was much more in favor of cartelizing the economy.
-
After
WWII: public intervention into the economy much welcomed by French citizens,
competition policy experienced mostly as an external imposition.
-
Leftist
reason to support competition during last political election: fight against
privilege by birth; “equality of chances” (égalité) still very popular.
- Governments
in general less procompetition than members of Parliament because of economic
pressures by big players.
- French
civil servants not believing in competition: 77%; French judges: even more
(figure not disclosed).
- Going ahead, dramatically
important in order to convince citizens of the benefits of competition
policy: private/class actions!
- Draft
bill on class actions in France: too narrow.
- Average loss per mobile phone user due to 2005 telecoms’ cartel: 70 Euro per year (cartel’s duration: 2 ½ y.)
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