F. Cate, P. Cullen, V. Mayer-Schönberger, here (pdf download).
Wednesday, December 11, 2013
Visualizing TPP Negotiating Positions with New Leaks: Salt Lake City
Topromotetheprogress.wordpress.com, here.
Tuesday, December 10, 2013
Monday, December 09, 2013
Intellectual property and competition policy
J. Almunia, here. Important update on (too?) many open issues: SEP, patent trolls, Google Search, etc.
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.
Saturday, December 07, 2013
Friday, December 06, 2013
Thursday, December 05, 2013
The Holy See on the TPP
Statement, 9th Session of the Ministerial Conference of the World Trade Organization
Bali, here (p.4-5).
Bali, here (p.4-5).
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?}
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.
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
Open Data in Transition: Intellectual Property, Competition, and Regulatory Issues
Thursday 19th December 2013
University of Trento
University of Trento
Venue: Department of Economics and Management
Conference Programme here.
Monday, December 02, 2013
Sunday, December 01, 2013
Saturday, November 30, 2013
Film Producers and Distributors Obtain Site Block from Paris Court
The1709blog.blogspot.co.uk, here.
Bundesgerichtshof zur Nutzung urheberrechtlich geschützter Werke auf elektronischen Lernplattformen von Universitäten
Urteil vom 28. November 2013 - I ZR 76/12 - Meilensteine der Psychologie, Pressemitteilung hier.
Pour le respect des droits fondamentaux des lecteurs dans un environnement numérique
Association des Bibliothécaires de France, ici.
Thursday, November 28, 2013
Wednesday, November 27, 2013
The Three-Step-Test Revisited: How to Use the Test’s Flexibility in National Copyright Law
C. Geiger, D. Gervais, M. Senftleben, here.
Tuesday, November 26, 2013
Monday, November 25, 2013
Sunday, November 24, 2013
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.”
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.”
Saturday, November 23, 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... -
A. Blankertz, hier .
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Public Knowledge, 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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Report to the California Law Review Commission Antitrust Law: Study B-750, here .
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InternetLab, here .
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CMA, here .
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A. Rinaldi, here .
