Saturday, December 14, 2013

TPP and IP, A Brief Note

P. Krugman, here

Unglue.it opens a new chapter – a bookstore for books that want to be free

Libraries.wright.edu, here

Google's European antitrust fight: Still battling

TheEconomist.com, here

Gazprom Submits Draft Proposals to EU in Antitrust Probe

Online.wsj.com, here

Canada’s Competition Bureau Escalates Google Antitrust Investigation

Searchengineland.com, here

The Politics of the EU Court Data Retention Opinion: End to Mass Surveillance?

Freedom-to-tinker.com, here

Bye bye Internet, la settimana nera delle nuove tecnologie

G. Scorza (IlFattoQuotidiano), qui

Ribaudo: "Consumatori indenni dal compenso SIAE". Come?

Dday.it, qui

Il Trattato di Marrakesh per favorire l'accesso alle opere da parte di persone con difficoltà di lettura: aspetti applicativi

S. Vezzoso (this blog's author), here

Wednesday, December 11, 2013

Commercialising Public Research: New Trends and Strategies

OECD, here (DRM protected). 

"At the Crossroads" (consumer privacy in the commercial sphere v. citizens’ privacy in the face of government surveillance)

J. Brill, here

Offre légale : la Hadopi invente l'offre "d'apparence légale"

Numerama.com, ici.

Big Data: New Tricks for Econometrics

H. Varian, here

Open data and the creation of digital public services

L. Maxwell, Video here

Data isn't a four-letter word

N. Kroes, here

Report on Legal Rights Objection Procedure (gTLDs)

WIPO Arbitration and Mediation Center, here

The World’s Most Popular Song Goes to Court

Blog.davismcgrath.com, here

Data Protection Principles for the 21st Century - Revising the 1980 OECD Guidelines

F. Cate, P. Cullen, V. Mayer-Schönberger, here (pdf download).

Visualizing TPP Negotiating Positions with New Leaks: Salt Lake City

Topromotetheprogress.wordpress.com, here

EU's Almunia says Gazprom antitrust proposal due this week

Globalpost.com, here

Comment Lovecraft inventa les Creative Commons un siècle avant tout le monde

ActuaLitte.com, ici

Monday, December 09, 2013

Stiglitz to TPP Negotiators

Letter, here

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

Forbes.com, here

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

Iam-magazine.com, 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

Ec.europa.eu, 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

Uoc.edu, 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

Cityoflondon.police.uk, here

The European Union Public Licence (EUPL)

P.-E. Schmitz, here

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

Ip-watch.org, 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

Wikileaks.org, here

Sunday, December 08, 2013

Study on business models for Linked Open Government Data

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

Thursday, December 05, 2013

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

TheVerge.com, 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. 








Tuesday, December 03, 2013

Henry Ford, Patent Trolling, & the Goodlatte Innovation Act in Cartoon Form

Patentlyo.com, here.

Open Data in Transition: Intellectual Property, Competition, and Regulatory Issues

Thursday 19th December 2013
University of Trento
Venue: Department of Economics and Management
Conference Programme here

Privacy and Facial Recognition Technology

Ntia.doc.gov, here

UK Competition Network (UKCN): Statement of Intent

Here

Digitising copyrighted film, books and music is probably going to become legal - it's about time

Newstatesman.com, here

Five Stages of Data Grief

Open Data Institute, here

Avis sur la situation de la concurrence dans le secteur des autoroutes

Autorité de la Concurrence, ici.

Utiliser les irrépartissables des sociétés de gestion collective pour financer la numérisation du domaine public ?

Scinfolex.com, ici. 

United Kingdom: interim injunctions in competition litigation

Kluwercompetitionlawblog.com, here

New F.C.C. Chief Promises He Will Protect Competition

NYTimes.com, here

LG Berlin: Urteil vzbv vs. Google im Volltext

Legalmemory.blogspot.com, hier.

Monday, December 02, 2013

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

J. Grimmelmann, here.

EU-Ministerrat: Deutsche Beamte bremsen Europas Datenschutz aus

Spiegel.de, hier

Internetvertrieb und vertikale Wettbewerbsbeschränkungen

G. Kallfaß, hier

Could Digital College Textbooks Become Free in the USA?

Publishingperspectives.com, here

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

Blogs.library.duke.edu, here

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

Dallasnews.com, here

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

TheVerge.com, here

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

CNMC.es, aquì

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

S. King, Presentation here

When Algorithms Grow Accustomed to Your Face

NYTimes.com, here

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

EdanYago.me, here

Open Government Guide

The Transparency and Accountability Initiative, here

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

Macleans.ca, here