Nortonrose.com, here.
Tuesday, May 21, 2013
Is Letter to Larry Page the First Step Towards Legislating Google Glass?
Thesecuretimes.wordpress.com, here.
Friday, May 17, 2013
Privatheit im Internet. Chancen wahrnehmen, Risiken einschätzen, Vertrauen gestalten
acatech – Deutsche Akademie der Technikwissenschaften, here.
Revising copyright law: libraries, archives, museums and educational institutions
Statement of L. Gasaway, Subcommittee on Courts, Intellectual Property and the Internet Committee on the Judiciary, here.
Thursday, May 16, 2013
Wednesday, May 15, 2013
A Case Study for Consensus Building: The Copyright Principles Project
US Subcommittee on Courts, Intellectual Property and the Internet, here.
Shakespeare Review of PSI in the UK
Here.
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Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
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Page 66:
"Healthcare data is increasingly held across sectors – public NHS organisations as well as private individuals and providers. In that context, encouraging data to be shared to derive maximum value requires an intellectual property rights ownership model that aligns private interests (e.g. in privacy and commercial sensitivity) with social interest in generating collaborative uses of data."
P.33:
"Data that is derived from the activity of citizens must be seen as being at least co-owned
by them and returning value to them, though the investment of business in collecting and
processing the data should also be respected. There are government initiatives such as
Midata, a government led project that works with businesses to give consumers better
access to the electronic personal data that companies hold about them. The project
recognises that data about citizens belongs to them and that they should have a way of
claiming and using their ownership. Midata is currently about empowering consumers –
government itself should explicitly embrace the Midata initiative to empower citizens by
returning key data it holds on citizens back to them."
Tuesday, May 14, 2013
Sanofi-Aventis sanctionnée pour dénigrement à l'encontre des génériques de Plavix
Autorité de la Concurrence, ici.
Monday, May 13, 2013
Friday, May 10, 2013
Thursday, May 09, 2013
Wednesday, May 08, 2013
Public and Universal Service Obligations and Competition
M. Harker, A. Kreutzmann, C. Waddams, here.
Tuesday, May 07, 2013
Monday, May 06, 2013
EU Commission sends Statement of Objections to Motorola Mobility on potential misuse of mobile phone standard-essential patents
Press Release, here.
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
----------
Apple's "willingness" specified:
"Apple had declared that it would be willing to be bound by a determination of the FRAND royalties by the German court". Further, from the Memo:
"By contrast, a potential licensee which remains passive and unresponsive to a request to enter into licensing negotiations or is found to employ clear delaying tactics cannot be generally considered as willing."
Moreover, specifically to the relevance of the so-called German "Orange Book" case-law on injunctions:
"The 2009 "Orange Book" ruling of the German Supreme Court established that a potential licensee can raise a competition law defence against an application for an injunction by showing that (i) it has made an unconditional offer to license under terms that cannot be rejected by the patent-holder without abusing its dominant position, and (ii) it actually acted as if had entered into a valid patent licence. The Supreme Court's ruling did not specifically relate to SEPs. The Commission's preliminary view is that an interpretation of that ruling whereby a willing licensee is essentially not entitled to challenge the validity and essentiality of the SEPs in question is potentially anti-competitive."
Copyright in the Digital Era: Building Evidence for Policy
US National Research Council of the National Academies, here.
Friday, May 03, 2013
Educational Fair Use: Amici Curiae in Support of Georgia State University
Academic Authors and Legal Scholars, here.
Thursday, May 02, 2013
Tuesday, April 30, 2013
Monday, April 29, 2013
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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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InternetLab, here .
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Frankfurter Allgemeine Zeitung, 01.07.2013, Nr. 149, S. 22 Für ein Stück vom Software-Kuchen Usedsoft AG kämpft immer noch gegen Widerständ...
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CMA, here .
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Organized Money, here .