K. Crews, here.
Tuesday, July 31, 2012
Monday, July 30, 2012
Friday, July 27, 2012
Cloud Computing: An Overview of the Technology and the Issues facing American Innovators
U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Intellectual Property, Competition, and the Internet, here.
Exclusivity in High-Tech Industries: Evidence from the French Case
P. Bougette, F. Marty, J. Pillot, P. Reis, here.
Thursday, July 26, 2012
Wednesday, July 25, 2012
WIPO SCCR24: Ruth Okediji - speaking on behalf of Nigeria - on the Development Agenda
Streamtext: "As other Delegations have said, the Delegation of Nigeria would like to appreciate and thank the Development Agenda Group for the statement and to support that statement. It was exactly 100 years ago and 30 days today that the first copyright act came to Africa by ordering counsel number 912 of the English crown. That copyright act extended to 11 countries, all of which remain independent countries today in the African continent. When one looks back at the developments both in international relations but also in particular in international copyright law, it is clear that this is a system that will always need adjustments. The pendulum swings sometimes too far in the area of protection. Sometimes too far in the area of deference and sometimes too far in the area of ignorance.
It is in fact important to note that the accomplishments today are only the first step in a very long journey with regard to the treaty for the visually impaired. It is in our view not so much what we have done here but what we must do that we must pay attention to. When we are addressing the needs of the visually impaired or those that have long been underserved by the system, there can be no question that our responses must be law, not sentiment. They must be a commitment, not just an ideal. They must be a promise, not just a wish.
In the end, copyright law is government policy, not private policy. It is not the entitlement of users, consumers, authors or intermediaries. We must have the leadership and the moral courage to establish principles that are sustainable, fair, and implemented at the highest levels of integrity. As the Distinguished Delegate of Egypt has said in his statement on behalf of the African Group, a balanced system is not just a system that articulates principles that cannot or will not see the light of day. Nigeria is proud to have produced the first blind physiotherapist, the first blind professor on the continent, and to have established the first organisation to train and teach the blind and the visually impaired.
The exceptions and limitations Agenda is a reflection of a long history and commitment to ensure that the copyright system and indeed all other systems support the full integration of individuals into a meaningful and productive life. We believe it is time to convene a diplomatic conference in 2013. We believe it is time to recognize that the Development Agenda is serious and that it is one of the instruments by which as a community and as an institution we will be able to see the copyright system productive, adaptable and transformative not only for developing countries but for developed countries as well.
However, and whatever we feel about the WIPO Development Agenda, it is clear that the legal, social, and political reality is that an Intellectual Property system specifically an international copyright system that does not work for all will not work at all. Thank you, Mr. Chair."
It is in fact important to note that the accomplishments today are only the first step in a very long journey with regard to the treaty for the visually impaired. It is in our view not so much what we have done here but what we must do that we must pay attention to. When we are addressing the needs of the visually impaired or those that have long been underserved by the system, there can be no question that our responses must be law, not sentiment. They must be a commitment, not just an ideal. They must be a promise, not just a wish.
In the end, copyright law is government policy, not private policy. It is not the entitlement of users, consumers, authors or intermediaries. We must have the leadership and the moral courage to establish principles that are sustainable, fair, and implemented at the highest levels of integrity. As the Distinguished Delegate of Egypt has said in his statement on behalf of the African Group, a balanced system is not just a system that articulates principles that cannot or will not see the light of day. Nigeria is proud to have produced the first blind physiotherapist, the first blind professor on the continent, and to have established the first organisation to train and teach the blind and the visually impaired.
The exceptions and limitations Agenda is a reflection of a long history and commitment to ensure that the copyright system and indeed all other systems support the full integration of individuals into a meaningful and productive life. We believe it is time to convene a diplomatic conference in 2013. We believe it is time to recognize that the Development Agenda is serious and that it is one of the instruments by which as a community and as an institution we will be able to see the copyright system productive, adaptable and transformative not only for developing countries but for developed countries as well.
However, and whatever we feel about the WIPO Development Agenda, it is clear that the legal, social, and political reality is that an Intellectual Property system specifically an international copyright system that does not work for all will not work at all. Thank you, Mr. Chair."
WIPO SCCR24: Ruth Okediji speaking on behalf of Nigeria on library issues
Streamtext: "The Nigerian delegation and also on behalf of the African Group wants to stress like other speakers the importance of this issue. Personally as the daughter of a librarian, I can emphasize the importance of libraries, particularly with ensuring that the access needs, the educational needs, the research needs of the population are met. In this regard parallel importation is of particular importance. Both in ensuring the vitality of libraries as cultural institutions but also to ensure that users not only in Developing Countries but in Developed Countries are able to access the rich trove of resources that are not often within national boundaries. So I think it's important that as this body begins to look at an international treaty on this issue, that the question of what libraries do, how they are able to preserve, to distribute works. And the necessary limitations that will facilitate parallel importation for libraries as well as library lending be of utmost priority. I think it is fair to say that the international copyright system and national copyright systems on the whole have only been successful because libraries have been in existence. I think that it is important to note that in the absence of parallel importation and limitations and exceptions on distribution right it would be virtually impossible for even the work we are doing in this body to go on. So without saying much at this point, again, just to stress the importance of this issue and to encourage that this body treats this with utmost seriousness"
Tuesday, July 24, 2012
Monday, July 23, 2012
Thursday, June 28, 2012
Wednesday, June 27, 2012
Collective Redress in Antitrust
P. BUCCIROSSI, M.CARPAGNANO, L. CIARI, M. TOGNONI, C. VITALE, L. AGUZZONI, M. BELLIA, G. BELLOMO and R. ZECCHINELLI, here.
Tuesday, June 26, 2012
Pharmacies Allege Antidepressant Manufacturers Hampered Generic Competition
Rite Aid Corp et al. v. Wyeth Inc. et al, Complaint here.
Tuesday, June 19, 2012
Accessibility, sustainability, excellence: how to expand access to research publications
Working Group on Expanding Access to Published Research Findings ("Finch Report"), here.
Monday, June 18, 2012
Saturday, June 16, 2012
Friday, June 15, 2012
Ex-NFL players' antitrust claims are royalties claims, says court
Competitionpolicyinternational.com, here.
Thursday, June 14, 2012
Wednesday, June 13, 2012
Tuesday, June 12, 2012
Google announces digital book venture in France
PaidContent.org, here.
"Google said the new deal is not directly tied to a law passed by France this spring that creates a new royalty collection mechanism for out-of-print works that will be owned in part by the state and managed in part by the Bibliothèque nationale. But the company added the law is accelerating efforts to put digital copies of the publishers’ books into circulation" (emphasis added).
"Google said the new deal is not directly tied to a law passed by France this spring that creates a new royalty collection mechanism for out-of-print works that will be owned in part by the state and managed in part by the Bibliothèque nationale. But the company added the law is accelerating efforts to put digital copies of the publishers’ books into circulation" (emphasis added).
Monday, June 11, 2012
A Conundrum of Permissions: Installing Applications on an Android Smartphone
P. Gage Kelley, S. Consolvo, L. Faith Cranor, J. Jung, N. Sadeh, D. Wetherall, here.
Friday, June 08, 2012
FTC on import bans in matters involving RAND-encumbered standard essential patents
Statement to the International Trade Commission, here.
Thursday, June 07, 2012
Droits de diffusion des matches du championnat de football de Ligue 2
Autorité de la concurrence, ici.
Wednesday, June 06, 2012
Interop: The Promise and Perils of Highly Interconnected Systems
J. Palfrey and U. Gasser, Video from the book launch here (References at 48:33; Q&A 48:44).
Tuesday, June 05, 2012
AMICI CURIAE US AND FTC ON WALKER PROCESS CLAIMS
RITZ CAMERA & IMAGE, LLC, v. SANDISK CORPORATION, here.
Shining Light into Black Boxes
A. Morin, J. Urban, P. D. Adams, I. Foster, A. Sali, D. Baker, P. Sliz, here.
Monday, June 04, 2012
L’économie numérique des biens culturels: la droite, la gauche et la licence globale
Fondation Jean-Jaurès, NOTE n° 135, ici.
Sunday, June 03, 2012
What Does the Georgia State Decision Mean for Libraries?
An ARL Briefing with J. Band and B. Brandon, here.
Friday, June 01, 2012
Thursday, May 31, 2012
Tuesday, May 29, 2012
TF1 v YouTube
Tribunal de Grande Instance de Paris, JUGEMENT rendu le 29 Mai 2012, N° RG : 10/11205, ici.
Monday, May 28, 2012
Friday, May 25, 2012
Towards an EU Doctrine of Anticompetitive Patent-Related Litigation
S. Vezzoso (this blog's author), Presentation here.
Wednesday, May 23, 2012
Zwölf Thesen für ein faires und zeitgemäßes Urheberrecht
SPD-Bundestagsfraktion, Arbeitskreis Urheberrecht,
These N. 11: "Die SPD steht für ein wissenschafts- und bildungsfreundliches Urheberrecht. Dafür müssen die
Rahmenbedingungen angepasst werden. Wir brauchen ein Zweitverwertungsrecht für wissenschaftliche Autoren, die ihre Beiträge neben der Verlagspublikation z.B. auf den Seiten der
Hochschule zugänglich machen wollen. Wir treten außerdem für eine Überprüfung der
Bildungs- und Wissenschaftsschranken ein. Insbesondere die Intranetnutzung in Schulen und
Hochschulen muss dauerhaft auf eine rechtssichere Grundlage gestellt und die
Schrankenbestimmung für die öffentliche Zugänglichmachung für Unterricht und Forschung
entfristet werden."
Wednesday, May 16, 2012
Refusal to dismiss the class plaintiffs’ antitrust claims against Apple and the e-book sellers
Southern District of New York (Cote, J.), Electronic Books Antitrust Litigation, Case No. 11-MD-2293 (DLC), here.
Apple's "contentions misconstrue the nature of the agreement
described in the Complaint. Regardless of the nature of the
specific terms of the vertical Agency Agreements when examined
in isolation, the CAC plausibly alleges a horizontal agreement
among the publishers, furthered by Apple, to raise the prices of
eBooks and eliminate retail competition. A horizontal agreement
to fix or raise prices is per se unreasonable", p. 53.
Apple's "contentions misconstrue the nature of the agreement
described in the Complaint. Regardless of the nature of the
specific terms of the vertical Agency Agreements when examined
in isolation, the CAC plausibly alleges a horizontal agreement
among the publishers, furthered by Apple, to raise the prices of
eBooks and eliminate retail competition. A horizontal agreement
to fix or raise prices is per se unreasonable", p. 53.
Tuesday, May 15, 2012
AG Mazák on AstraZeneca
Case C‑457/10 P, AstraZeneca AB and AstraZeneca plc v European Commission, here.
Exceptions and Limitations to Copyright in the EU Under Pressure
T. Cook (Bird & Bird), presentation here.
On the Security of Cloud Storage Services
M. Borgmann, T. Hahn, M. Herfert, T. Kunz, M. Richter, U. Viebeg, S. Vowe (Sit.fraunhofer.de), here.
Monday, May 14, 2012
The interface between competition policy and data protection
S. Vezzoso (this blog's author), in Journal of European Competition Law & Practice 2012 (Editorial), here.
Sunday, May 13, 2012
Saturday, May 12, 2012
Friday, May 11, 2012
New Competition Law in Portugal
"A new Competition Law has recently been approved by the Portuguese Parliament. This has overcome some of the main drawbacks of the previous law, and has strengthened the powers of the Portuguese Competition Authority. Moreover, a new specialist Court for Competition, Regulation and Supervision has also been created. We are confident that these two major changes are a significant step towards a more effective application of competition law in Portugal", Manuel Sebastião, here. See also Pmlj.com, here.
Markets in IP and Antitrust
H. Hovenkamp, here. Now also as journal article: "Response: Markets in IP and Antitrust" (the question: Is pepsi really a substitute for coke?).
Thursday, May 10, 2012
Wednesday, May 09, 2012
THE NEED FOR PRIVACY PROTECTIONS: PERSPECTIVES FROM THE ADMINISTRATION AND THE FEDERAL TRADE COMMISSION
FTC, before the COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION - UNITED STATES SENATE, here.
Cloud Computing - Privacy and data protection issues
"Sopot Memorandum", International Working Group on Data Protection in Telecommunications, here.
Tuesday, May 08, 2012
Monday, May 07, 2012
Sunday, May 06, 2012
Conflict Resolution, Public Goods and Patent Thickets
D. Harhoff, G. von Graevenitz, S. Wagner, here.
Saturday, May 05, 2012
Friday, May 04, 2012
Thursday, May 03, 2012
Pourquoi la Culture est devenue le mouton noir de l’Open Data en France
Scinfolex.wordpress.com, ici.
Considering the Role of Data Caps and Usage Based Billing in Internet Access Service
Know your limits, A. Odlyzko, B. St. Arnaud, E. Stallman, M. Weinberg, here.
Wednesday, May 02, 2012
The functionality of a computer program and the programming language cannot be protected by copyright
Case C-406/10, SAS Institute Inc. v World Programming Ltd, here.
Tuesday, May 01, 2012
Monday, April 30, 2012
AG Jääskinen on the concept of ‘undertaking’ in a PSI reuse setting
Case C‑138/11, Compass-Datenbank GmbH v Republik Österreich, here.
Friday, April 27, 2012
Financing R&D into medicines particularly needed in resource-poor settings
WHO, Consultative Expert Working Group on Research and
Development: Financing and Coordination, here.
Development: Financing and Coordination, here.
Competition among competition journals (?)
New: Journal of Antitrust Enforcement. The editors are Ariel Ezrachi and William Kovacic, here.
AU Federal Court on "time shifting"
National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59, here.
Thursday, April 26, 2012
11th Circuit on reverse payment settlements
FEDERAL TRADE COMMISSION v WATSON PHARMACEUTICALS, INC., SOLVAY PHARMACEUTICALS, INC., PAR PHARMACEUTICAL COMPANIES, INC., PADDOCK LABORATORIES, INC., here.
Wednesday, April 25, 2012
Tuesday, April 24, 2012
Schlussanträge des GA Bot bzgl. UsedSoft
Rechtssache C‑128/11, Axel W. Bierbach, Insolvenzverwalter der UsedSoft GmbH
gegen Oracle International Corp., hier.
gegen Oracle International Corp., hier.
Monday, April 23, 2012
Saturday, April 21, 2012
Friday, April 20, 2012
Thursday, April 19, 2012
Wednesday, April 18, 2012
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION ON ACTA
EP Committee on International Trade; Rapporteur: David Martin, here.
Tuesday, April 17, 2012
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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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LG Frankfurt am Main, 2-06 O 172/09 (verkündet am 13.05.2009). Lesenswertes aus der Begründung (meine Hervorhebungen): "Vorstellbare ...
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