Tuesday, January 12, 2016
Monday, January 11, 2016
Auswirkungen der Safe Harbor Entscheidung des Europäischen Gerichtshofs
Deutsche Bundesregierung, hier.
Sunday, January 10, 2016
Friday, January 08, 2016
Thursday, January 07, 2016
Recht auf Nutzung der persönlichen Daten. Recht auf Kopie
Postulat (vom CH Bundesrat angenommen), hier.
Wednesday, January 06, 2016
Tuesday, January 05, 2016
Monday, January 04, 2016
The Internal and External Constraints of Data Protection on Competition Law in the EU
F. Costa-Cabral, O. Lynskey, here.
Sunday, January 03, 2016
Thursday, December 31, 2015
Wednesday, December 30, 2015
Tuesday, December 29, 2015
Wednesday, December 23, 2015
First fast track, stand alone damages action and application for injunction brought before the CAT
NCRQ Ltd against the Institution of Occupational Safety and Health, here.
Tuesday, December 22, 2015
OLG Frankfurt: Hersteller dürfen Händlern Vergleichsportale nicht verbieten, Amazon schon
Online-marketing-recht.de, hier.
Disrupting the subscription journals’ business model for the necessary large-scale transformation to open access
R. Schimmer, K. Geschuhn, A. Vogler, here.
Monday, December 21, 2015
Saturday, December 19, 2015
Friday, December 18, 2015
Projet de loi République numérique : publication de l’avis de la CNIL
CNIL, ici.
Voir aussi l'avis du Conseil National du Numérique, ici.
Présentation du projet de loi à l'Assemblée Nationale, Vidéo ici.
Voir aussi le point de vue de Bruno Lasserre au sujet de la loyauté des plateformes (platform fairness) (juillet 2015) ici (depuis 25:21).
Voir aussi l'avis du Conseil National du Numérique, ici.
Présentation du projet de loi à l'Assemblée Nationale, Vidéo ici.
Voir aussi le point de vue de Bruno Lasserre au sujet de la loyauté des plateformes (platform fairness) (juillet 2015) ici (depuis 25:21).
Thursday, December 17, 2015
Einsatz von Uber Black wettbewerbswidrig
Kammergericht, Urteil vom 11. Dezember 2015 - 5 U 31/15, hier.
Online platforms and data protection
EDPS, here.
"Despite the essential role cloud services play for the deployment of online services, EU consumers still do not seem to fully trust cloud-based services...As a result, finding privacy-friendly solutions for cloud computing services represents one of the main challenges for online platforms... Boosting research and marketing of solutions increasing transparency and user's control over their data (such as “personal data management systems”) is essential to offer a higher level of protection and thus increasing users' trust.
"Despite the essential role cloud services play for the deployment of online services, EU consumers still do not seem to fully trust cloud-based services...As a result, finding privacy-friendly solutions for cloud computing services represents one of the main challenges for online platforms... Boosting research and marketing of solutions increasing transparency and user's control over their data (such as “personal data management systems”) is essential to offer a higher level of protection and thus increasing users' trust.
Wednesday, December 16, 2015
Tuesday, December 15, 2015
Software-Enabled Consumer Products Study: Notice and Request for Public Comment
U.S. Copyright Office, here.
Monday, December 14, 2015
Sunday, December 13, 2015
Saturday, December 12, 2015
Friday, December 11, 2015
Racial Discrimination in the Sharing Economy: Evidence from a Field Experiment
B. Edelman, M. Luca, D. Svirsky, here.
Thursday, December 10, 2015
Wednesday, December 09, 2015
Der Bürger als Datenproduzent
Faz, morgen:
"Warum soll Persönlichkeit, die in einem Lichtbild(werk) verkörpert ist, mit Blick auf die Verwertung auch schutzbedürftiger sein als reine persönliche Daten, wie der Pulsschlag ?"
"Warum soll Persönlichkeit, die in einem Lichtbild(werk) verkörpert ist, mit Blick auf die Verwertung auch schutzbedürftiger sein als reine persönliche Daten, wie der Pulsschlag ?"
This is why Microsoft cuddled up to Cyanogen, the startup trying to take Android 'away from' Google
Uk.businessinsider.com, here.
Tuesday, December 08, 2015
The CMA, the slave trade and the commercial use of consumer data
MyDex, here.
"At the risk of sounding hyperbolic, let us draw an analogy. Imagine an 18th century Competition and Markets Authority calling for information about the slave trade. If this 18th century CMA accepted the status quo – that the ‘market’ in question is people being traded rather than people being able to trade in the market in their own right – it might have asked how slaves may generate benefit for their owners, how slaves are collected, bought and sold, what contractual arrangements apply to the trading of slaves (including pricing), what restrictions firms have in acquiring slaves, and so on. In other words, it might have asked the sorts of questions that the CMA is currently asking about personal data – assuming that individuals have no right or ability to use/trade their own data for their own purposes in their own right."
Watch also MyDex's testimony to the House of Lords' EU Internal Market Sub-Committee (Online Platforms and the EU Digital Single Market Inquiry), Video here (from 17:35:15).
"At the risk of sounding hyperbolic, let us draw an analogy. Imagine an 18th century Competition and Markets Authority calling for information about the slave trade. If this 18th century CMA accepted the status quo – that the ‘market’ in question is people being traded rather than people being able to trade in the market in their own right – it might have asked how slaves may generate benefit for their owners, how slaves are collected, bought and sold, what contractual arrangements apply to the trading of slaves (including pricing), what restrictions firms have in acquiring slaves, and so on. In other words, it might have asked the sorts of questions that the CMA is currently asking about personal data – assuming that individuals have no right or ability to use/trade their own data for their own purposes in their own right."
Watch also MyDex's testimony to the House of Lords' EU Internal Market Sub-Committee (Online Platforms and the EU Digital Single Market Inquiry), Video here (from 17:35:15).
Monday, December 07, 2015
Sunday, December 06, 2015
Saturday, December 05, 2015
Friday, December 04, 2015
Thursday, December 03, 2015
Copyright Principles and Priorities to Foster a Creative Digital Marketplace
S. Aistars, D. Hartline, & M. Schultz, here.
Wednesday, December 02, 2015
Tuesday, December 01, 2015
Competition Advocacy and Disruptive Innovation: The CMA Writes to the FT
Here.
"...the proposed rules would undo much of what is novel about these businesses.New taxi business models have the potential to increase choice and deliver what passengers want: shorter waiting times, lower prices and increased responsiveness...
Of course there is a role for regulation, especially where safety is an issue. But technologies, such as satellite navigation, cashless payment systems and user ratings platforms, have the potential to overtake the role of regulation, and safeguard consumers by empowering them with information.The guiding principle of a competitive market is that the consumer is in the driving seat. The job of a competition authority, therefore, is to consider the potential benefit to customers from innovations that enable them to exercise choice — and allow businesses, both new and established, to decide how best to meet demand.
"...the proposed rules would undo much of what is novel about these businesses.New taxi business models have the potential to increase choice and deliver what passengers want: shorter waiting times, lower prices and increased responsiveness...
Of course there is a role for regulation, especially where safety is an issue. But technologies, such as satellite navigation, cashless payment systems and user ratings platforms, have the potential to overtake the role of regulation, and safeguard consumers by empowering them with information.The guiding principle of a competitive market is that the consumer is in the driving seat. The job of a competition authority, therefore, is to consider the potential benefit to customers from innovations that enable them to exercise choice — and allow businesses, both new and established, to decide how best to meet demand.
...
Consumers, who often benefit from technological disruption, can struggle to make their voices heard. But watch what they do, and their actions speak loud and clear.
By March this year, 25,000 people in Liverpool had reportedly downloaded the Uber app. The fact that the service had to wait until August to gain the local authority approval that it needed to begin operating might lead you to question how closely consumers’ preferences had been listened to.
This is not just about one company, one technology or one sector of the economy. New companies in every market will stand or fall on their ability to meet consumer demand — and those that succeed will, in turn, eventually be challenged by new business models.
This is how innovation leads to progress. We do not serve the interests of the public or the wider economy if we slam on the brakes."
Monday, November 30, 2015
Using geolocated Twitter traces to infer residence and mobility
UK Office for National Statistics, here.
The Court of Justice Judgment in Post Danmark II: Endgame for the Econ v Forms Controversy in Article 102 TFEU ?
BSC Morning Briefing, Presentations here.
Friday, November 27, 2015
Thursday, November 26, 2015
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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 .