ArsTechnica, here.
Tuesday, August 19, 2014
Monday, August 18, 2014
Sunday, August 17, 2014
Saturday, August 16, 2014
Friday, August 15, 2014
Thursday, August 14, 2014
Wednesday, August 13, 2014
Tuesday, August 12, 2014
Monday, August 11, 2014
Saturday, August 09, 2014
Friday, August 08, 2014
Entertaining Summer Reading Re MFNs
"THE CHAIRMAN: We saw from Mr Italianer's speech at Innsbruck that the CMA could have followed the German approach and actually tackled the rate parity issue head on, but it chose not to do that? MISS BACON: The German approach was to attack the MFN provision, the OFT's Approach was to look at the discounting restriction. So there are two different mechanisms of addressing the issues in this market place. This is not a challenge to the OFT ---- THE CHAIRMAN: It is not a competition between competition authorities, I know that. MISS BACON: This appeal is not a challenge to the scope of the CMA's investigation. THE CHAIRMAN: I know that too. MISS BACON: I am simply answering the question as to why they were. As I have pointed out, it is in Mr Rasmussen's evidence. MR WILKS: Although MFNs were highlighted in the Statement of Objections. MISS BACON: I am going to come to that. They were highlighted in the Statement of Objections as part of the relevant context which was why the OFT was opening in this investigation. What the OFT said in the Statement of Objections was that it was not, it had not investigated the extent to which MFNs did exacerbate these restrictions of competition, and it is common ground, undisputed, that the focus of the OFT's investigation was not on MFNs, it was on the discounting restrictions, it was on what was regarded as RPM."
Here.
Here.
Thursday, August 07, 2014
Implication of Globalisation for Competition Policy: The Need for International Co-Operation in Merger and Cartel Enforcement
A. Capobianco, J. Davies, S. Ennis, here.
Thursday, July 31, 2014
Copia privata: la Siae gioca a babbo natale contro la Apple
G. Scorza, qui.
Consumatore italiano ben più "tollerante" di quello britannico (e la buffonata dell'acquisto ed elargizione di telefonini difficilmente immaginabile oltremanica):
"The Government do not believe that British consumers
would tolerate private copying levies. They are inefficient,
bureaucratic and unfair, and disadvantage people who
pay for content."
Consumatore italiano ben più "tollerante" di quello britannico (e la buffonata dell'acquisto ed elargizione di telefonini difficilmente immaginabile oltremanica):
"The Government do not believe that British consumers
would tolerate private copying levies. They are inefficient,
bureaucratic and unfair, and disadvantage people who
pay for content."
Wednesday, July 30, 2014
Exclusivité des droits de diffusion des matches de rugby: accord suspendu
Autorité de la concurrence, Décision n° 14-MC-01 du 30 juillet 2014, ici; communiqué de presse ici.
Alinéa 234: "Une pratique consistant à réserver l’attribution de droits attractifs à l’opérateur dominant est donc susceptible de contribuer à la fermer le secteur de la télévision payante en France.
Comme le souligne le CSA, cette atteinte au marché serait d’autant plus néfaste que les pratiques dénoncées interviennent alors que le principal concurrent de l’entreprise dominante, la société beIN Sports, n’est actif sur le marché que depuis deux ans, et qu’il
est encore en phase de conquête d’abonnés."
Alinéa 234: "Une pratique consistant à réserver l’attribution de droits attractifs à l’opérateur dominant est donc susceptible de contribuer à la fermer le secteur de la télévision payante en France.
Comme le souligne le CSA, cette atteinte au marché serait d’autant plus néfaste que les pratiques dénoncées interviennent alors que le principal concurrent de l’entreprise dominante, la société beIN Sports, n’est actif sur le marché que depuis deux ans, et qu’il
est encore en phase de conquête d’abonnés."
UK Private Copy Debate
House of Lords, Official Report, here (pp. 1553-1582).
UK Goverment: "The presence of the contract override
clause gives users, consumers and businesses certainty
and clarity that the exceptions apply in all circumstances
regardless of the detail of a contract. Without such
clauses restrictive contract terms could prevent the
uses permitted by the exceptions, thus preventing benefits
from being realised. This is not merely a hypothetical
fear. Many responses to the various consultations have
told us that contracts permitting access to copyright
works frequently contain terms that prevent users
from carrying out activity that otherwise would be
permitted by law (...). The law will apply to contracts regardless of
the date on which they were formed but will take effect
only after the new law comes into force. The contract
override provisions simply ensure that, where the law
provides for an exception to copyright, people are able
to rely on that law without having to work out whether
there is a contract term to the contrary creating a
whole patchwork of different legal situations.
Ensuring that the personal copying exception cannot
be overridden by contract terms will mean that consumers
are given clarity and certainty over what they can do
with the media they buy. Most people assume that the
law already allows them to make the type of personal
copies covered by our legislation. Very few people read
the detailed licensing terms that accompany digital
downloads. We want the goods so we just tend to
accept the terms. Ensuring that the new law on personal
copying applies in all circumstances, regardless of
contract and licensing terms, will bring much needed
clarity to the law and fairness for consumers, which I
welcome" (p. 1575).
"The Government believe that the copyright system has not
kept pace with the digital revolution. As a result, a
great many intuitively acceptable activities are illegal
or uncertain. These changes relating to private copying,
parody and use of quotations form part of a package
that should make copyright works more valuable to
all, give users clarity about their rights and build
respect for copyright in the process. They will contribute
to a more modern statute book that meets the challenges
of an increasingly digital and changing world" (p. 1580).
UK Goverment: "The presence of the contract override
clause gives users, consumers and businesses certainty
and clarity that the exceptions apply in all circumstances
regardless of the detail of a contract. Without such
clauses restrictive contract terms could prevent the
uses permitted by the exceptions, thus preventing benefits
from being realised. This is not merely a hypothetical
fear. Many responses to the various consultations have
told us that contracts permitting access to copyright
works frequently contain terms that prevent users
from carrying out activity that otherwise would be
permitted by law (...). The law will apply to contracts regardless of
the date on which they were formed but will take effect
only after the new law comes into force. The contract
override provisions simply ensure that, where the law
provides for an exception to copyright, people are able
to rely on that law without having to work out whether
there is a contract term to the contrary creating a
whole patchwork of different legal situations.
Ensuring that the personal copying exception cannot
be overridden by contract terms will mean that consumers
are given clarity and certainty over what they can do
with the media they buy. Most people assume that the
law already allows them to make the type of personal
copies covered by our legislation. Very few people read
the detailed licensing terms that accompany digital
downloads. We want the goods so we just tend to
accept the terms. Ensuring that the new law on personal
copying applies in all circumstances, regardless of
contract and licensing terms, will bring much needed
clarity to the law and fairness for consumers, which I
welcome" (p. 1575).
"The Government believe that the copyright system has not
kept pace with the digital revolution. As a result, a
great many intuitively acceptable activities are illegal
or uncertain. These changes relating to private copying,
parody and use of quotations form part of a package
that should make copyright works more valuable to
all, give users clarity about their rights and build
respect for copyright in the process. They will contribute
to a more modern statute book that meets the challenges
of an increasingly digital and changing world" (p. 1580).
EU Data Protection law: a 'right to be forgotten'?
House of Lords EU Sub-Committee on Home Affairs, Health and Education, here.
Tuesday, July 29, 2014
Monday, July 28, 2014
Economic argument on the amendment of the Intellectual Property Law (IPL) with regard to aggregation of information
Afi, Report prepared for Coalición ProInternet, here.
AEEPP pide a Competencia que investigue el impacto del canon AEDE en los pequeños y medianos editores
Asociación Española de Editoriales de Publicaciones Periódicas, aquì.
Friday, July 25, 2014
Dénigrement et abus de position dominante
Décision n° 14-D-08 du 24 juillet 2014, Autorité de la concurrence,ici.
Summer Reading: Misused English Words and Expressions in EU publications
European Court of Auditors, here.
Thursday, July 24, 2014
Wednesday, July 23, 2014
Tuesday, July 22, 2014
When economics met Antitrust : the second Chicago School and the Economization of Antitrust law
P. Bougette, M. Deschamps, F. Marty, here.
Friday, July 04, 2014
Superare gli ostacoli alla competitività per rafforzare la crescita del paese
AGCM, Segnalazione per la legge annuale della concorrenza inviata a Governo e Parlamento, qui.
Thursday, July 03, 2014
Wednesday, July 02, 2014
Tuesday, July 01, 2014
Monday, June 30, 2014
Sunday, June 29, 2014
Friday, June 27, 2014
Thursday, June 26, 2014
How the Court’s “looks-like-cable-tv” test in Aereo protects the cloud
G. Manne, R. Radia & B. Sperry, here.
Wednesday, June 25, 2014
UK IP Law Professors on Parody and Quotation, and Personal Copying for Private Use
Letter sent to the Parliamentary Scrutiny Committee on Secondary Legislation, here.
Tuesday, June 24, 2014
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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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On 24 March 2004 the European Commission fined Microsoft for abuse of dominant position (H/T Lewis Crofts). 18 years (age of maturity) l... -
Report to the California Law Review Commission Antitrust Law: Study B-750, here .
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A. Blankertz, hier .
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CMA, here .
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Organized Money, here .
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InternetLab, here .
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Chalmermagne, here .