Economic Analysis of Private Copy Remuneration (PCR), Requested by GESAC

Economic analysis of copyright legislation: be prepared to see more of it in the future.
The Econlaw Study focuses on the music sector.
"..(W)e find that the incentives put in place by the PCR system should translate into an increase in the stock of music titles of around 1.5 percent in a period of 25 years. This increase would in turn compensate for the short-term negative effects on the joint welfare of consumers and producers of CE products, increasing total welfare by around 2.8 percent in a period of 25 years, although three fourths of the positive effects would already be in place after a period of 5 years. Regardless of the particular assumptions, the base-line conclusion is that the dynamic mid- and long- term effects of the PCR system on content supply compensate for the negative short-term effects calculated in our static analysis. In sum, the economic impact of the PCR system is not negative and could increase total welfare", p. 11.
According to the Study, exemption systems from payment in favour of certain types of users would be inefficient : more information and transaction costs, and this would in the end impact all participants (also the beneficiaries of the exemption), p. 13.

Consumers' Rights to Damages in Antitrust: A Speech by Commissioner Kroes

A speech held in Lisbon, 9th November 2007.
The announced White Paper on damage actions for breach of the EC competition rules (due for the early months of 2008) will deal specifically with collective redress mechanisms, such as representative actions by consumer associations.

Google/DoubleClick Merger and its Impact on "Privacy Innovation"

After Competition Commissioner Kroes made clear that EU review won't cover privacy issue, Privacy International and the European Digital Rights Initiative point to the merger's negative implications for dynamic competition on the market for "privacy in advertising".

How competitive is the information technology industry today? Very competitive, according to Microsoft

Read the MEMORANDUM OF POINTS AND AUTHORITIES OF MICROSOFT CORPORATION IN OPPOSITION TO CERTAIN PLAINTIFF STATES’ MOTIONS TO EXTEND THE FINAL JUDGMENTS.

Rechtsfragen bei E-Learning

Ein Praxis-Leitfaden von Rechtsanwalt Till Kreutzer im Auftrag des Multimedia-Kontors Hamburg. Ein Pod-Interview mit RA Kreutzer kann als Einführung gelten. Besonders lesenswert aus meiner Sicht ist die praxisnahe Besprechung der in Betracht kommenden Schrankenregelungen (§§ 51, 52a, 53) auch weil ich mich gerade mit diesem Thema beschäftige..

Defensive and Offensive Schemes to Protect IP Made Plain

A Study by Deloitte Research

American Antitrust Institute: FTC to Block the Google/DoubleClick Merger

AAI White Paper, main points, in my view:
-Google and DoubleClick considered (at least, potential) horizontal competitors in two relevant markets: market for distributing online advertising space of third party (non-search) web sites and market for publisher ad serving tools
- therefore, "(I)f the evidence confirms that these markets are concentrated and that entry is otherwise difficult, as appears to be the case, then the merger presents a relatively straightforward case for challenge under the horizontal and non-horizontal merger guidelines"
- "The upshot of the merger may be higher costs for web publishers to sell their advertising space, which ultimately
may affect the diversity and richness of content available on the Internet and the vibrancy of the media".

Australian Competition Authority holding a different view, it seems

Academic Paper on the modernisation of the European Television without Frontiers Directive

Main issues:
-distinction between linear and non-linear services deemed artificial
- audiovisual services on the internet too heavily regulated
- conflict with standard jurisprudence of the European Court of Human Rights
- regulation of non-linear services not necessary

The Impact of Music Downloads and P2P File-Sharing on the

Economic study on the effects associated with the P2P file sharing (Department of Management Birkbeck, University of London).
Main findings, based on a survey of Canadian consumers' habits: P2P filesharing tends to increase rather than decrease music purchasing

Fair Use Principles for User Generated Video Content

Standards endorsed by the Electronic Frontier Foundation and other public interest groups such as the Berkman Center for Internet and Society at Harvard Law School.
Some statements worth considering:
(1) "..where copyrighted materials are employed for purposes of comment, criticism, reporting, parody, satire, or scholarship, or as the raw material for other kinds of creative and transformative works, the resulting work will likely fall within the bounds of fair use"
(2) but fair use is not enough: independently thereof, uses that are "noncommercial, creative, and transformative in nature should not be pursued.
(3) automated content identification technologies (“filters”) to monitor their systems for potential copyright infringements should incorporate protections for fair use
(4) filtering technologies should establish three conditions before taking down or blocking content:
- the video track matches the video track of a copyrighted work submitted by a content owner;
- the audio track matches the audio track of that same copyrighted work; and
- nearly the entirety (e.g, 90% or more) of the challenged content is comprised
of a single copyrighted work (i.e., a “ratio test”).
(5) Moreover, "Human creators should be afforded the opportunity to dispute the conclusions of automated filters.

See previous wavesnews

Australian Competition and Consumer Commission clears Google's acquisition of DoubleClick

From the press release:
"A key focus of the ACCC's investigation was whether the combination of Google's network of website publishers and DoubleClick's ad serving capabilities would enable the merged entity to increase the cost of ad serving to website publishers and advertisers.

"In reaching its decision, the ACCC noted that Google and DoubleClick are not close competitors in the provision of ad serving. In addition, the ACCC also took into account the presence of other competitors in this market that would be likely to constrain the merged entity post-merger".

ACCC not to intervene in Google's acquisition of DoubleClick

Competition Bureau Generic Drug Sector Study

Key findings, in my opinion:
- generic manufacturers compete by offering pharmacies rebates off invoice prices (to be considered, however, that two Canadian provinces prohibit rebates); rebates are substantial (on average 40 per cent of the price the pharmacy
is invoiced)
- but this competition is not reflected in prices paid for the purchase of generics
- as the Competition Bureau concludes: "A regulatory and market framework where incentives to supply drug plans more closely reflect the underlying market dynamics could provide significant benefits to drug plans, and in turn to insurers, employers and Canadians".

Competition Bureau Generic Drug Sector Study.pdf (Objet application/pdf)

FTC hosting a conference on behavioral advertising

eHavioral Advertising: Tracking, Targeting, & Technology

The Librarians

On Australian ABC TV: can copyright issues be dramatized?

Conference Papers: Economics of Competition and Innovation

Anti Counterfeiting Trade Agreement (ACTA)

European Commission seeks mandate to negotiate

Microsoft's licensing terms following the CFI ruling and the agreement with the EU Commission

The Microsoft Work Group Server Protocol Program License Agreements for Development and Product Distribution (WSPP Development Agreements)

Onsite consultation and copyright law

Presentation (in Italian) given at the Milan Conference "Diritto e tecnologie digitali per la valorizzazione e l'accessibilità delle conoscenze", Friday, 19 October 2007.

English Schools v. Microsoft licensing arrangements

From Becta: Becta, the government's education technology agency, has today made a complaint to the Office of Fair Trading (OFT) for alleged anti-competitive practices by Microsoft in the schools software marketplace and in relation to Microsoft's approach to document interoperability.

Principles for User Generated Content Services

Principles to be read here. Self-regulation and copyright. Comments on the so called filter alliance to be read on heise.

Gesang unter der Dusche erlaubt..

Amtsgericht Köln, Urteil vom 27. 09. 2007, Aktenzeichen 137 C 293/07. Nach Heise: "Denn zwar geschah das Singen "öffentlich" im Sinne von § 19 Abs. 2 UrhG. Weiterhin verlange die Vorschrift jedoch eine Darbietung, andernfalls wäre diese Bezeichnung im Gesetz überflüssig. "Nicht alles, was öffentlich geschieht, ist aber deswegen zwangsläufig eine Darbietung", befand im konkreten Fall das Gericht. Vielmehr handele es sich hier "um ein eigenes, dem Werkgenuss dienendes Singen und Musizieren, das urheberrechtsfrei ist". Die anwesenden Gäste wären nicht "dazu eingeladen, den Gesängen der Burschenschafter zu lauschen". Nach Deutung des Gerichts war es den Gästen "zumindest freigestellt, sogar mitzusingen". Daran ändere auch das Klavierspiel nichts, denn dieses sei als bloße Begleitung zu beurteilen, "die den Zweck gehabt haben mag, den Gesang zu stützen oder die Feierlichkeit des Geschehens zu unterstreichen."

Canada: Revision of the Predatory Pricing Enforcement Guidelines

The Bureau seeks now public comments on the revised Guidelines, which make a clear choice for an average avoidable cost standard. Also, "price matching" will be considered as a reasonable business justification.

On the (un)patentability of business methods

Interesting decision about the (un)patentability of business methods, also retracing the history of patent protection, and showing its (frequently overseen) limits and bounderies.
The Court of Appeal for the Federal Circuit asserts that
"It is thus clear that the present statute does not allow patents to be issued on particular business systems—such as a particular type of arbitration—that depend entirely on the use of mental processes. In other words, the patent statute does not allow patents on particular systems that depend for their operation on human intelligence alone, a field of endeavor that both the framers and Congress intended to be beyond the reach of patentable subject matter. Thus, it is established that the application of human intelligence to the solution of practical problems is not in and of itself patentable". However "When an unpatentable mental process is combined with a machine, the combination may produce patentable subject matter, as the Supreme Court’s decision in Diehr and our own decisions in State Street Bank and AT&T have confirmed." But "The routine addition of modern electronics to an otherwise unpatentable invention typically creates a prima facie case of obviousness".

Class Action Complaint Against Apple concerning iPhone

Here the text of the complaint. The facts can be briefly reckoned as follows: - AT&T is the exclusive provider for iPhone cell phone service in the United States; - the duration of the exclusive agreement is to be five years; - Apple is to receive a portion of AT&T’s profit; - iPhone consumers are to be prohibited from using a cell phone carrier other than AT&T; - Apple is to be restrained for a period of time from developing a version of the iPhone for CDMA wireless networks.
As far as competition law is concerned, the facts invest the tying doctrine. In this case, the tying product is the iPhone, whereas the tied product is AT&T's cell phone service.One of the central questions would be: Has Apple sufficient economic power in the tying market to coerce the purchase of the tied product?