Cartel Damages Claims in the European Union: Have We Only Seen the Tip of the Iceberg?

D. Geradin, L.-A. Grelier, here

I motori di ricerca devono pagare le notizie, qui. V. anche G. Scorza "Agcom, Sovrana assoluta dei contenuti", qui e, dello stesso autore, "Web: e i diritti (d’autore) di 'noantri'?", qui. In questione è quello scempio dell'art. 5 del DDL collegato alla legge di Stabilità 2014, qui

Tassa sugli smartphone, la Siae si scrive il decreto

Corriere della Sera, qui

Libor fines gathered from UK banks allocated to military charities, here

Stiglitz to TPP Negotiators

Letter, here

Memo For Sr. Almunia, A Patent Assertion Entity Is Not Necessarily A Patent Troll, here

France's sovereign patent fund takes aim at LG and HTC in the US and Germany, here

Turning Government Data into Gold': The Interface between EU Competition Law and the Public Sector Information Directive – With some Comments on the Compass-Case

B. Lundqvist, here or here.

Maverick: Making Sense of a Conjecture of Antitrust Policy in the Lab

C. Engel, A. Ockenfels, here

Some brief comments on SEPs and Art.102 TFEU (Moscow Conference)

This blog's Author, here

Cartel Fines imposed by the EU Commission - Statistics, here

Intellectual property and competition policy

J. Almunia, here. Important update on (too?) many open issues: SEP, patent trolls, Google Search, etc.

Seminario sobre Propiedad Intelectual: Google and the World Brain, aquì

Global Patent Filings See Fastest Growth in 18 Year

WIPO, here. 2012 World Intellectual Property Indicators Report, here

UK Police Intellectual Property Crime Unit goes global in its pursuit of illegal websites, here

The European Union Public Licence (EUPL)

P.-E. Schmitz, here

Protection Of Handicrafts Gains Global Interest; Challenges Persist In The South, here

Open Innovation 2.0 – A New Paradigm

EU Open Innovation Strategy and Policy Group (OISPG), here. Presentations here. Open Innovation 2.0 Yearbook 2013 here.

Second release of secret Trans-Pacific Partnership Agreement document, here

Study on business models for Linked Open Government Data

Interoperability Solutions for European Public Administrations (ISA) Programme of the European Commission, here

On the relation between surveillance practices in the EU and the US and the EU data protection provisions

C. Moraes, J. Albrecht, here.

House of Representatives passes widely supported bill to fight patent trolls, here.

The Holy See on the TPP

Statement, 9th Session of the Ministerial Conference of the World Trade Organization
Bali, here (p.4-5).

Complexities evident in today's oral argument in Oracle v. Google (API and copyright)

J. Band, here. See also my take on the District Court's ruling in a comparative perspective, here

Public Consultation on the review of the EU copyright rules

Here.Press Release, here.

Some highlights:

"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}

Finally, the question of flexibility and adaptability is being raised: what is the best mechanism to ensure that the EU and Member States’ regulatory frameworks adapt when necessary (either to clarify that certain uses are covered by an exception or to confirm that for certain uses the authorisation of rightholders is required)? The main question here is whether a greater degree of flexibility can be introduced in the EU and Member States regulatory framework while ensuring the required legal certainty, including for the functioning of the Single Market, and respecting the EU's international obligations. {pretty straightforward answer: yes, on all accounts}.

Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.

Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders). 

A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial. 

Indistinguishable from Magic: A Wizard's Guide to Copyright and 3D Printing

J. Grimmelmann, here.

EU-Ministerrat: Deutsche Beamte bremsen Europas Datenschutz aus, hier

Internetvertrieb und vertikale Wettbewerbsbeschränkungen

G. Kallfaß, hier

Could Digital College Textbooks Become Free in the USA?, here

Fair use, Georgia State, and the rest of the world, here

How a 2-page letter led to American Airlines' antitrust settlement with the feds, here

Drug detectives: scientists want to crowdsource the discovery of new antibiotics, here

La CNMC multa con 15 millones de euros a Mediapro y a cuatro clubs de fútbol, aquì

Ending the Book Famine: How Does the WIPO Treaty Help?

S. King, Presentation here

When Algorithms Grow Accustomed to Your Face, here

Startup Cities To Become Reality (ZEDE - Zonas de Empleo y Desarrollo Económico), here

Open Government Guide

The Transparency and Accountability Initiative, here

Thanks for the tip, I’ll get it on Amazon, here

Sustainability of Open Source software communities beyond a fork: How and why has the LibreOffice project evolved?

J. Gamalielsson, B. Lundell, here.

Brussels to launch antitrust probe into sales of pay-TV rights

Financial Times, here.

"Joaquín Almunia, the EU competition commissioner, last year sanctioned a “fact finding” effort in light of the (Murphy) ruling to see whether barriers to cross-border access merited antitrust scrutiny and possible enforcement action.

Some investigators are now poised to step up their inquiries into whether “absolute territorial protection clauses” break competition law. These stop licensees from selling to other countries or accepting unsolicited demands from overseas customers to pay to access the content.


Maurits Dolmans, a partner at Cleary Gottlieb, said the 2011 Premier League case concerned satellite sports broadcasting and the court left open whether it could be applied at all to other distribution channels and other forms of content.

“The Commission will have to take into account different economic factors,” he said. “Forcing EU-wide licensing may be attractive for consumers in richer countries, who may pay less, but not necessarily for consumers in poorer countries, who might be forced to pay more.”

Creative Economy Report 2013

UNESCO, here.

Intellectual Property chapter of TPP poses threat to Open Access, here.

Le policy universitarie in materia di Accesso Aperto alla scienza: l’esperienza dell’Università di Trieste

Seminario, 27 novembre 2013, Università di Trento, qui.

Saluti della Rettrice - prof.ssa Daria de Pretis

Introduzione – prof. Roberto Caso, delegato della Rettrice per l’Open Access e le politiche contro il plagio

La policy dell’Università di Trieste in materia di accesso aperto – prof. Fabio Benedetti, Presidente della Commissione di Ateneo per l’accesso aperto dell’Università di Trieste

15.30 - 16.00

Is Auto Parts Evolving into a Supercartel?

J. Connor, here

YouTube Comments Changes Spark Petition For Privacy, here.

The new Competition and Markets Authority: how will it promote competition?

D. Currie, here.

Ads Could Soon Know If You’re an Introvert (on Twitter)

MIT Technology Review, here.

US loses Unesco voting rights after stopping funds over Palestine decision, here

Felines jumping from OHIM to General Court: puma and designs

IPKat, here

Ideology Matters in the Antitrust Debate

M. Lao, here

The Landscape of Proposed Patent Law Amendments – A Comparative Look

J. Contreras, here

The quest for behavioural Antitrust. Beyond the label battle, towards a cognitive approach

L. Arnaudo, Agcm Collana "Temi e problemi", qui

Credit Cards in Canada: What Role for Competition Law?

Kluwer Competition Law Blog, here

U.S. spying harms cloud computing, Internet freedom: Wikipedia founder, here.

"It's not always fun to live in an authors' rights country"

B. Hugenholtz, Flexing Authors’ Rights, Peter Jaszi Distinguished Lecture on Intellectual Property, Video here (from 1:14:16).
"It's not always fun to live in an authors' rights country" at 1:23:38.

Highly recommended, in the following some notes I took:

Who could be against "fair" use in Europe and elsewhere?

A number of historic reasons:
- civil law tradition: the law should be made by the people, the judge should be no more than "la bouche de la loi" (mouthpiece of the law)
- authors' rights: different rationale, constitutions at national level hardly ever mention intellectual property: there to protect authors as a matter of natural justice; exceptions narrowly interpreted. As part of that, the moral rights' tradition.

Broader concerns:
- affecting legal certainty
- opening the floodgates to piracy
- fear of US legal imperialism ("fair US to us")

Legal arguments:
- fair use in conflict with the Berne Convention, with TRIPS


- civil law is already dominated by general principles, and unwritten law also a source of law
- generally, moral rights do not impede the introduction of more flexible norms
- public interest and balancing of rights already part of the discussion
- fair use is not wild, it is fairly predictable, despite being open
2010 "Vorschaubilder" case involving thumbnails: German Court looking for ways to justify them, and cooked up a theory of "implied consent." Reasonable solution, but we need more legal certainty.
- three-step test as a safety net

Legal transplants rarely work, but in Europe we need more flexibility, and the European and international legal frameworks do tolerate it (problems exist, but are not insurmountable).

Evidence pointing in the direction of flexibility:

- Recital 2, InfoSoc Directive: "The European Council, meeting at Corfu on 24 and 25 June 1994, stressed the need to create a general and flexible legal framework at Community level in order to foster the development of the information society in Europe."

Limitations and exceptions (LE) rather loosely circumscribed, rather like prototypes (eg., art. 5(3)(d) InfoSoc Directive: "quotations for purposes such as criticism or review"; (i) incidental inclusion of a work or other subject-matter in other material; (k) use for the purpose of caricature, parody or pastiche; not even the French know what pastiche means...perhaps user generated content?), with ample room for maneuver (Sweden, very broad quotation exception: quote to the extent necessary for the purpose, in accordance with proper uses).

Three-step test not that much of a problem:
- "certain special cases": flexible norms can be reasonably predictable, eg fair use is not all encompassing
- "prejudice the legitimate interests of the rightholder": flexible norms do not necessary prejudice authors' and rightholders' rights
- nobody has ever complained to the WTO about the US fair use rule.
- the Berne three-step conceived against the background of all LE existing at that time, fair use included (US not part of Berne at that time, but future adherence was already part of the picture).

Discussions on flexibilities in the EU

Luckily, the idea of introducing more flexibility is gaining momentum at the EU political level, inspired by the UK and Irish examples among others. Also the Netherlands is forcefully making that point in Europe.

Irish Copyright Review Report suggesting the introduction of some sort of fair use, complementing exiting LE.

Kind of flexibilities that work: two approaches
- Extend existing LE to create more room for maneuver
- the South Korean/Irish approach: flexibility alongside circumscribed LE (civil law) - rule of complementary flexibility; similarly, the Wittem project - European Copyright Code advocating it, at article 5.5:
"Further limitations
Any other use that is comparable to the uses enumerated in art. 5.1 to 5.4(1) is permitted provided that the corresponding requirements of the relevant limitation are met and the use does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author or rightholder, taking account of the legitimate interests of third parties."

Who cares about flexibilities in copyright? Everybody is infringing copyright anyway on a daily basis (only speaking for the Netherlands)

Law abiding citizens, and students.
Institutional users (such as libraries) and innovators: chilling effects.
Authors themselves.
Everybody  believing in copyright, and Prof. Hugenholtz certainly does: increasing gap between social norms of the people "in Internet" and the law of copyright; social legitimacy of copyright currently under serious threat.

German court stays Google-Apple FRAND rate-setting case, invites EU Commission to participate, here

Urheberrecht: Große Koalition will Haftung von Sharehostern verschärfen, hier.

Strategic Underinvestment as an Abuse of Dominance under EU Competition Rules

P. Merlino, G. Faella, here

Microsoft Is Making An Astonishing $2 Billion Per Year From Android Patent Royalties, here..

Big Data for Europe

N. Kroes,here.
What is Big Data? Memo, here

The Guardian on Google' s Leaked Settlement Proposals

Commitments from, here.
Questionnaire from, here

"Strategic Patent Acquisitions" in Review

The Antitrust Source, here.

Rockstar vs. Google: Software patents as a license for privateering, here

User Generated Content under Canadian Copyright Law Symposium Videos

Osgoode Hall Law School, here

Inspiring Creativity - Promoting Culture and Creative Industries across Europe

European Territorial Cooperation, here

Antitrust damages in EU law and policy

J. Almunia, here

Five Arguments Laid to Rest after Actavis

M. Carrier, here

Des "services culturels numériques" sous le joug du CSA ? Refus de l'ASIC, ici

Startups Pitching A “Netflix For E-Books” May Have A Tough Sell, here

Department of Commerce Seeks Input on Digital First Sale here.
Supplementary info published on the Federal Register, here (p. 2 ff.)

Behavioural Economics in Competition and Consumer Policy

Centre for Competition Policy, University of East Anglia, here. Presentations from the book's launch here.

Old Habits Die Hard?:UsedSoft v Oracle

A. Nicholson, here

IBM claims Twitter is in violation of three patents they own, here

Commissioner Michel Barnier welcomes the trilogue agreement on collective rights management

European Commission, Memo here

Wettbewerbshüter fordern neue Bahngesetze, hier

Unclear, torturous path for EU ratification of Marrakesh Treaty, here.

"Maria Martín Prat suggested that new EU copyright legislation proposed sometime in 2014 could incorporate the Marrakesh Treaty and that this might be needed before ratification to harmonize EU member state laws on exceptions to copyright. This proposal that would mean a number years of delay in the ratification of the treaty was criticized by a number of MEPs present. Martin Prat gave as an example of why a new law would be needed the presence of “dyslexic persons” in the Treaty which is not covered by EU copyright exceptions legislation."

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
(b) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability;

Dyslexia not included?!?

Ouverture des données publiques. Les exceptions au principe de gratuité sont elles toutes légitimes ?

Rapport ("Trojette") au Ministre, ici

Permettre les usages publics des images

A. Gunthert, ici

Informational Hearing on Patent Assertion Entities

B. Love, Testimony, California Assembly Select Committee on High Technology, here

Seminar: Designing Global Competition Policy Between Co-operation and Convergence

Alessandra Tonazzi, Italian Competition Authority
Mor Bakhoum, Max Planck Institute, Munich

November 15, 2013 - 10.30 am

Trento University
Department of Economics and Management
Room 3C

Via Inama, 5—Trento

EU aims to complete Gazprom antitrust probe by spring, here

The Value of Data: Consequences for Insight, Innovation & Efficiency in the U.S. Economy

J. Deighton, P. Johnson, here

My Latest Amicus Brief: Viacom v. YouTube (Again)

IPDuck, here

Caught in the Stat: LSE Receives Criticism for its Report on Copyright in the Music Industry, here

Supreme Court of Canada Allows Indirect Purchaser Claims, here

U.S. Court Invalidates Patent on Down Syndrome Test, here

Seizing the data opportunity - A strategy for UK data capability, here.

P. 43: "Action: Following the technical review of the published draft legislation, the government will bring into force secondary legislation to enable text and data mining for non-commercial purposes in 2014."

One small step for EU Parliament could prove one giant leap for data protection

UK Information Commissioner's Office, here

Baidu shuts down digital marketplace due to copyright concerns, here

Swiss telco’s cloud aims to draw customers who are fearful of spying, here

Kenya: Attorney-General Githu Muigai declares war on copyright law violators, here

Sprit­preis-Onlineportale: Stich­probe der Stiftung Warentest, hier

Rechtliche Probleme beim Einsatz von Plagiatssoftware unter besonderer Berücksichtigung der universitären Ausbildung

F. Schulz, hier

Music start-up set to rock the world, here

Study on the remuneration of authors and performers for the use of their works and the fixations of their performances

Call for tender, European Commission, here.

"The objective of the study is to provide an assessment of different national approaches and mechanisms to ensure remuneration for authors and performers for the exploitation of their works and performances and to determine whether, and to what extent, the differences that exist among the Member States affect levels of remuneration and the functioning of the internal market."

Police IP Crime Unit arrests third man suspected of running pirate site, here 

Google and Samsung sued for patent infringement by major tech consortium, here

Supreme Court of Canada Gives Green Light for Indirect Purchaser Price Fixing Class Actions, here

Does EU Competition Policy sufficiently promote companies investment & innovation ?

N. Petit, Presentation here

First Degree Price Discrimination Using Big Data

B. Reed Shiller, here

Antigua Preparing to Move Forward with WTO Authorized Rejection of US Copyrights, here

On creativity incentives

K. Vonnegut, here.

Open data: Unlocking innovation and performance with liquid information

McKinsey Global Institute, here

Protecting Consumers and Competition in a New Era of Transatlantic Trade

E. Ramirez, here

Towards a more dynamic transatlantic area of growth and investment

V. Reding, here

Improving the Patent System to Promote American Innovation and Competitiveness

US Committee on the Judiciary, here

NTV/FS/Ostacoli all'accesso nel mercato dei servizi di trasporto ferroviario passeggeri ad alta velocità

Provv. A443 qui, Impegni presentati qui (v. Allegati).

Open Data Institute creates 13 'Nodes' around the world, here. Trento (my University town) is one of the "Nodes".

The Value of Openness for a Sustainable Internet, here

Data transparency effort – successful in U.K. – to be tested in U.S. here

Modernising Copyright

Irish Copyright Review Committee, here. A terrific reading, to be discussed with my "innovation management" students asap.

Copyright Review Committee comprised Dr Eoin O’Dell of Trinity College (Chair), Professor Steve Hedley of University College Cork and Ms Patricia McGovern of DFMG Solicitors.
Incipit "Copyright reform is in the air"

"In the same way as Molière's Monsieur Jourdain spoke prose without realising it, copyright vests even if the author does not realise it", p. 33.

For Major Publishers, Will Print No Longer Be the Norm?, here.

Web inventor's open data organisation announces new global network, here

France: a digital file in iTunes is a phonogram

Kluwer Copyright Blog, here

The business model of patent assertion entities in IT: unilateral restraints of competition or business as usual?

P. Gagnon, here

Study on Patents and the Public Domain (II)

Expert Study (J. Conley, P. Bican, N. Wilkof), WIPO, here. Previous WIPO Secretariat's Study here

Un Guide du MOOC pour France Université Numérique, ici

Individuazione di criticità concorrenziali nel settore degli appalti pubblici

Vademecum per le stazioni appaltanti, AGCM, qui.

The Meaning of ‘Relevant Customer Benefits’ in the Context of Health Care: Monitor’s Advice and the Competition Commission’s Response

M. Guy, here

Open Data Index

Open Knowledge Foundation, here

The Big Geek Theory, ici

EU to push ahead on data protection despite UK opposition, here

Waste management services

Background Paper, OECD, here

Ex officio cartel investigations and the use of screens to detect cartels

Background Paper, OECD, here. Expert Paper by  R. Abrantes-Metz, here

The value of policy diversification in cartel detection and deterrence

W. Kovacic, here

Worldwide Competition Database

Competition Law Center, George Washington University Law School, here

L’exemplaire numérique sans support : le vieux continent à la pointe de l’évolution, ici

Amazon "de la patrie": i timori della Francia

IlSole24Ore, qui.

European authors and artists support EP report on home copying levies, here. 

Bibliotheksverband fordert Gesetzesinitiative zur Gleichstellung von E-Books

Institut für Urheber- und Medienrecht, hìer.

Graffiti Artists Use Moral Rights to Prevent Building Demolition, here

Monopolization in Developing Countries

A. Heimler, K. Mehta

Articulating a Modern Approach to FCC Competition Policy

R. Hundt, G. Rosston, here.

Report of the European Commission Public Consultation on Open Research Data

Disruption to connectivity and network security and privacy issues will accompany move towards IPv6 internet addresses, study says, here

Resale Price Maintenance: A Big Issue For UK Luxury Brands

Covington & Burling, here

Angela Merkel empört, dass sie von USA behandelt wird, als wäre sie ein deutscher Bürger

Der Postillon, hier.

Apple, Microsoft And Free Software, here

The CopyKat - copyright and the internet: are we Poles apart?, here

The vexed issue of 'orphan' copyright works, here.

Innovating in the digital era: putting Europe back on track

J. Barroso, Presentation here

Open data guidebook

Final report of the EUROCITIES working group on open data, here

EU leaders agree to create a connected continent

N. Kroes, here.

EFF Thanks Patent Trolls for Best Troll-Killing Bill Yet, here

Samsung’s European Proposal – Fair, Foul or Foolhardy?, here

How smartphone apps are reshaping the taxi market

The Economist, here

Reclaim Your Name: Privacy in the Age of Big Data

J. Brill, here

Apple Just Ended the Era of Paid Operating Systems, here

Still on Pinckney, the CJEU, offline distribution and Latin mottos

The IPKat, here

LIBE Committee vote backs new EU data protection rules

European Commission, Memo, here

The Real Privacy Problem

E. Morozov, here

Musikindustrie geht erfolgreich gegen »YouTubeMP3«-Converter vor, hier

Turning the Page on Business Formats for Digital Platforms: Does Apple's Agency Model Soften Competition?

Ø. Foros, H. Kind, G. Shaffer, here

Competition between universities probed by UK regulator, here

Die Europäische Datenschutzreform muss zügig abgeschlossen werden

P. Schaar, hier

One in Six Active U.S. Patents Pertain to the Smartphone, here

Economic Aspects of Intellectual Property in Countries with Economies in Transition

WIPO, Department for Transition and Developed Countries, here.

Réponse à la consultation du Ministère de la Culture et de la Communication sur l’Open Data

Open Knowledge Foundation, here

Searching for Competition, here

Proposed EU Data Protection Regulation: Unofficial Text published (single file), here

Monopoly and Dominant Firms: Antitrust Economics and Policy Approaches

L. White, here

Librarians, Distributors Weigh in on Macmillan Ebook Lending | PubCrawl, here

Google has nothing to fear from new EU data law, here

Profiting from Free: The Scourge of Online Piracy and How Industry Can Help

A. Keen, sponsored by the Initiative for a Competitive Online Marketplace (ICOMP), here (pdf file).

DOJ and FTC release model confidentiality waiver for international civil matters, here. 

Open access: six myths to put to rest

P. Suber, here

The Legal Status of Video Games: Comparative Analysis in National Approaches

WIPO Study, A. Ramos, L. Lopez, A. Rodriguez, T. Meng, and S. Abrams, here

The Economic Importance of Getting Data Protection Right: Protecting Privacy, Transmitting Data, Moving Commerce

U.S. Chamber of Commerce, here

Why privacy matters

A. Acquisti, Ted Talk (video), here

Competition among financial markets operators

J. Almunia, here

Harvard Business Review answers its critics, here

Students 'worst' at e-book piracy, says data monitor, here

Une exception mash-up est bien à l’étude au CSPLA, ici

EU Commission consults on commitments offered by Samsung Electronics regarding use of standard essential patents

Press Release, here

Intellectual Property Rights do not equal Innovation and Creativity, here

Judge appoints monitor to keep an eye on Apple's e-books biz, here.

Why Pulling Music From Spotify Only Holds Back The Artist Doing The Pulling, here

Lob des Zwischenraums, here

Amazon buys e-learning company to boost Kindle business, here

Supporting Copyright Reform, here.

A Day to Remember the First Computer Programmer Was a Woman, here.

Algorithms and competition

M. Vestager, here . Large friendly letters? "It's true that the idea of automated systems getting together and reaching a...