Friday, June 25, 2010
Settlement In DRAM Case
From the Maryland Attorney General press release: “The settlement provides restitution for consumers and state and local government agencies who paid more for computers and other electronic devices because of the price-fixing scheme.”
Thursday, June 24, 2010
Viacom v Google on the Interpretation of DMCA "safe harbor" provision
Here. As the U.S. District Judge Louis Stanton put it, "the critical question is whether the statutory phrases “actual knowledge that the material or an activity using the material on the system or network is infringing,” and “facts or circumstances from which infringing activity is apparent” in § 512(c)(1)(A)(i) and (ii) mean a general awareness that there
are infringements (here, claimed to be widespread and common), or rather mean actual or constructive knowledge of specific and identifiable infringements of individual items".
According to the judge, "if a service provider knows (from notice from the owner, or a “red flag”) of specific instances of infringement, the provider must promptly remove the infringing material. If not, the burden is on the owner to identify the infringement. General knowledge that infringement is “ubiquitous” does not impose a duty on the service provider to monitor or search its service for infringements."
are infringements (here, claimed to be widespread and common), or rather mean actual or constructive knowledge of specific and identifiable infringements of individual items".
According to the judge, "if a service provider knows (from notice from the owner, or a “red flag”) of specific instances of infringement, the provider must promptly remove the infringing material. If not, the burden is on the owner to identify the infringement. General knowledge that infringement is “ubiquitous” does not impose a duty on the service provider to monitor or search its service for infringements."
Wednesday, June 23, 2010
Tuesday, June 22, 2010
Competition and agriculture: potential competition concerns with respect to the breeding and commercialisation of sunflower seeds and sunflower seed treatment products in Europe?
The European Commission opens an in-depth investigation under the EU Merger Regulation into the proposed acquisition of the global sunflower seed business of US company Monsanto by Syngenta of Switzerland.
Monday, June 21, 2010
WIPO SSCR/20: More on Limitations and Exceptions
WIPO's Second Analytical Document on Limitations and Exceptions. See US' Draft Consensus Instrument on needs of persons with print disabilities. See also EU's Draft Joint Recommendation concerning the improved access to works protected by copyright for persons with a print disability.
US' declaration at SSCR/20: need to keep an holistic approach on L&E; need to move forward swiftly. US' draft consensus instrument as initial step.
In the meanwhile, the US distributed a Background Paper and FAQs (submitted as an information document) on the proposed consensus instrument.
See a comparison of the four proposals presently being discussed (limited to aspects concerning persons with disabilities, the "African Proposal" covers further matters). The wording of the Conclusions was so controversial, that no agreement could be reached. As the WIPO bravely puts it, "(D)uring a late night discussion, agreed language for final conclusions proved elusive. Member states had divergent views on the wording for future work on the scope of an international instrument relating to exceptions and limitations, and on whether and when informal consultations should take place on the protection of broadcasting organizations. Discussion on all these issues will continue at the next session of the SCCR from November 8 to 12, 2010."
US' declaration at SSCR/20: need to keep an holistic approach on L&E; need to move forward swiftly. US' draft consensus instrument as initial step.
In the meanwhile, the US distributed a Background Paper and FAQs (submitted as an information document) on the proposed consensus instrument.
See a comparison of the four proposals presently being discussed (limited to aspects concerning persons with disabilities, the "African Proposal" covers further matters). The wording of the Conclusions was so controversial, that no agreement could be reached. As the WIPO bravely puts it, "(D)uring a late night discussion, agreed language for final conclusions proved elusive. Member states had divergent views on the wording for future work on the scope of an international instrument relating to exceptions and limitations, and on whether and when informal consultations should take place on the protection of broadcasting organizations. Discussion on all these issues will continue at the next session of the SCCR from November 8 to 12, 2010."
Berliner Rede zum Urheberrecht
Saturday, June 19, 2010
How the Federal Trade Commission Works to Promote Competition and Benefit Consumers in a Dynamic Economy
Prepared Statement of the Federal Trade Commission before the United States Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights
Friday, June 18, 2010
Thursday, June 17, 2010
UNESCO on Fighting Piracy with Non-Legislative Measures
PIRACY: CURRENT TRENDS AND NON-LEGISLATIVE MEASURES TO
COUNTERACT IT, Luis Villarroel (Corporacion Innovarte).
COUNTERACT IT, Luis Villarroel (Corporacion Innovarte).
South Africa: Beyond Competition on the Pitch
"Unleashing Rivalry” 10 Years of enforcement by the South African competition authorities (1999-2009)
Tuesday, June 15, 2010
Recent Developments in EU Merger Control
Here, Nadia Calviño ( Deputy Director General DG Competition, European Commission)
Monday, June 14, 2010
More on Behavioral Antitrust
Behavioral Antitrust and Merger Control, G. J. Werden, L.Froeb, M.Shor.
EGEDA: tarifas abusivas en concepto del derecho exclusivo de autorizar la comunicación pública?
La Dirección de Investigación de la Comisión Nacional de la Competencia (CNC), ha acordado la apertura de un expediente sancionador.
Thursday, June 10, 2010
Wednesday, June 09, 2010
Three-Strike in practice
UK Ofcom, Online Infringement of Copyright and the Digital Economy Act 2010: Draft Initial Obligations Code
Proposed Horizontal Merger Guidelines: "Some" Economists' Comment
Tuesday, June 08, 2010
Monday, June 07, 2010
Friday, June 04, 2010
Swedish Competition Authority: Ex-Post Agency Effectiveness Evaluation
Dan Sjöblom and Arvid Fredenberg. See also London Economics' Evaluation of OFT Competition Advocacy
Thursday, June 03, 2010
Trento's "Festival of Economics"
This year's topic: "Information, Choices and Development".
My personal choice from the extremely rich programme: M. Boldrin and D.K.Levine,
Wednesday, June 02, 2010
Remedies in the EU Microsoft Case
A CRITICAL APPRAISAL OF REMEDIES IN THE E.U. MICROSOFT CASES, Nicholas Economides, Ioannis Lianos.
Tuesday, June 01, 2010
WIPO SCCR/19: the draft report is out
Here. Looking ahead for SCCR/20. Read also Key's post on WIPO SCCR open ended consultation on the treaty for the blind
Reflecting on the best antitrust regime: a view from the US
Rewriting History: Antitrust Not As We Know It . . . Yet, J. Thomas Rosch
Commissioner, Federal Trade Commission.
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Centre for a Digital Society , Video here . These are my very rough talking points on pay or okay in full length (more than I actually had...
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Searle Center on Law, Regulation, and Economic Growth, June 4-5 2015, Agenda here .
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N.Kroes, here .