News.cnet.com, here.
Wednesday, August 22, 2012
Tuesday, August 21, 2012
So Close, Yet So Far Apart: The EU and U.S. Visions of a New Privacy Framework
C. Wolf, W. Maxwell, here.
Embracing Magic
K. Walker, here. #TPIAspen
Quotation from Magical Patent Policy: "one third of all patent lawsuits now involve software
patents, way out of whack to the relative size of the industry. Software and Internet patents are litigated
eight times more often than other patents. Troll lawsuits cost productive U.S. companies $29 billion in
direct payouts last year, $80 billion a year when you take all costs into account, and more than $500
billion in the years since the Federal Circuit first authorized software patents. Worst of all, wasteful
patent litigation is costing customers real money and real choices in the devices they love.
This happens because software patents too often allow ownership of broad, sometimes trivial ideas. It
should not be this way. It is the execution as much as the idea that often matters in the
marketplace. Facebook wasn’t the first social network -- but it thrived because it executed well. Google
wasn’t first in search, but the way we executed has made our results better."
Quotation from Magical Competition Policy: "we should pay close attention to switching costs and lock-in. Since everyone is competing against
everyone else, consumers, advertisers, and publishers typically have lots of options. But those options
are less useful if walled gardens or proprietary formats make it difficult for users to switch. That’s why
Google created our Data Liberation Front, letting users easily export their data. The inability to move
your data -- like contacts, emails, and web history -- from one service to another can sometimes make
switching more difficult in ways that are bad for consumers and bad for competition."
Quotation from Magical Patent Policy: "one third of all patent lawsuits now involve software
patents, way out of whack to the relative size of the industry. Software and Internet patents are litigated
eight times more often than other patents. Troll lawsuits cost productive U.S. companies $29 billion in
direct payouts last year, $80 billion a year when you take all costs into account, and more than $500
billion in the years since the Federal Circuit first authorized software patents. Worst of all, wasteful
patent litigation is costing customers real money and real choices in the devices they love.
This happens because software patents too often allow ownership of broad, sometimes trivial ideas. It
should not be this way. It is the execution as much as the idea that often matters in the
marketplace. Facebook wasn’t the first social network -- but it thrived because it executed well. Google
wasn’t first in search, but the way we executed has made our results better."
Quotation from Magical Competition Policy: "we should pay close attention to switching costs and lock-in. Since everyone is competing against
everyone else, consumers, advertisers, and publishers typically have lots of options. But those options
are less useful if walled gardens or proprietary formats make it difficult for users to switch. That’s why
Google created our Data Liberation Front, letting users easily export their data. The inability to move
your data -- like contacts, emails, and web history -- from one service to another can sometimes make
switching more difficult in ways that are bad for consumers and bad for competition."
Panel - Internet Competition: Implications for Antitrust
ASPEN 2012 AGENDA, Technology Policy Institute
August 21, 2012
Susan Athey, Professor of Economics, Department of Economics, Harvard University and Visiting Researcher, Microsoft Research New England
Tim Bresnahan, Landau Professor in Technology and the Economy, Stanford University
Carlos Kirjner, Vice President and Senior Analyst, Internet, Alliance Bernstein
William Kovacic, Global Competition Professor of Law and Policy; Professor of Law; Director, Competition Law Center, George Washington University
Edith Ramirez, Commissioner, Federal Trade Commission
Hal Varian, Chief Economist, Google
Thomas Lenard, President and Senior Fellow, Technology Policy Institute (moderator)
Full Agenda here.
Full Agenda here.
- EU setting standards for competition policy globally
- Platform competition and multihoming
- Complements/substitutes
- counterfactuals and harm to competition by innovation
- leadership in the vertical stack
- lesson from MS: from complement to possible substitute
- leadership in the vertical stack
- lesson from MS: from complement to possible substitute
- dangerous competition threats ex-post and ex-ante (Google/Netscape)
- counterfactual analysis when high quality products are given away for free (multi-sided markets)
- screen control and design
- fines' irrelevance
- changing nature of switching costs (e.g. privacy issues suddenly relevant to Internet users and Google users in particular)
- the importance of behavioural economics in order to understand consumers' actions
2012 EU Survey on R&D Investment Business Trends
Here.
From the Report, p. 12:
"For some sectors, the expected R&D investment changes of the respondents are higher than the growth rates observed in the past (both for the responding companies and the whole sector): software & computer services (11% p.a. over the next three years), general industrials (6.8%), automobiles & parts (6.0%),
chemicals (5.5%), oil & gas producers (4.6%), aerospace & defence (4.1%), construction & materials (3.8%), technology hardware & equipment (3.5%), and fixed line telecommunications (2.6%).For a few other sectors,
the expected changes are lower than the past growth rates (both for the responding companies and the whole sector): electricity (4.6% p.a. over the next three years) and pharmaceuticals & biotechnology (3.2%)." (emphasis added).
From the Report, p. 12:
"For some sectors, the expected R&D investment changes of the respondents are higher than the growth rates observed in the past (both for the responding companies and the whole sector): software & computer services (11% p.a. over the next three years), general industrials (6.8%), automobiles & parts (6.0%),
chemicals (5.5%), oil & gas producers (4.6%), aerospace & defence (4.1%), construction & materials (3.8%), technology hardware & equipment (3.5%), and fixed line telecommunications (2.6%).For a few other sectors,
the expected changes are lower than the past growth rates (both for the responding companies and the whole sector): electricity (4.6% p.a. over the next three years) and pharmaceuticals & biotechnology (3.2%)." (emphasis added).
The Impact of Free Music Downloads on the Purchase of Music CDs in Canada
G. Barker, T. Maloney, here.
Monday, August 20, 2012
Copyright and the Digital Economy
Australian Law Reform Commission, Issues Paper, here.
Questions, among other hot topics, on cloud computing (p. 26 ff.), transformative use (p. 36 ff.), data and text mining (p. 48 ff.), a broad fair use exception (p. 71 ff.), and contracting out of copyright exceptions (p. 79 ff.).
Questions, among other hot topics, on cloud computing (p. 26 ff.), transformative use (p. 36 ff.), data and text mining (p. 48 ff.), a broad fair use exception (p. 71 ff.), and contracting out of copyright exceptions (p. 79 ff.).
Friday, August 17, 2012
Thursday, August 16, 2012
INTEROPERABILITY AND REGULATION IN THE TECHNOLOGY MARKET: A COMPETITION ANALYSIS
SHUBHNEET INDERJIT KAUR, Competition Commission of India, here.
Wednesday, August 15, 2012
Tuesday, August 14, 2012
Monday, August 13, 2012
Saturday, August 11, 2012
Friday, August 10, 2012
Online tracking: questioning the power of informed consent
N. van Eijk, N. Helberger, L. Kool, A. van der Plas and B. van der Sloot, here.
Is consumer welfare the (only) way forward? A re-appreciation of competition law objectives ante portas in both US and EU
A. Skourtis, kluwercompetitionlawblog.com, here.
Urheberrechtsrevision in der Schweiz: Arbeitsgruppe eingesetzt
Eidgenössisches Justiz- und Polizeidepartement, hier.
Thursday, August 09, 2012
Tuesday, August 07, 2012
Monday, August 06, 2012
Saturday, August 04, 2012
Friday, August 03, 2012
Diritto d'autore e ricerca scientifica: prove di dialogo per la crescita
S. Vezzoso (autrice di questo blog), Preprint qui.
Thursday, August 02, 2012
Public Statement on the U.S. Proposal for a Limitations and Exceptions Clause in the Trans-Pacific Partnership
P. Jaszi, M. Carroll and S. Flynn, here.
Grading the Professor: Evaluating Bill Kovacic’s Contributions to Antitrust Engineering
D. Sokol, C. Wilson, J. Nord, here.
Open Government Data Deutschland
J. Klessmann, P. Denker, I. Schieferdecker, S. Schulz, et al., here.
Wednesday, August 01, 2012
Kicking and screaming at WIPO: Dragging the EU and the US to the negotiating table
IP Policy Committee Blog, 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.
Copyright, Free Speech, and the Public's Right to Know: How Journalists Think about Fair Use
P. Aufderheide and P. Jaszi, 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."
Open access versus subscription journals: a comparison of scientific impact
B. Björk and D. Solomon, here.
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
Modeling Interactions between User and Producer Innovation: User-Contested and User-Complemented Markets
C. Raasch, E. von Hippel, here.
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
Libraries 2020: Imagining the library of the (not too distant) future
K. Purcell, here (slide 52 ff.).
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.
Pharmaceutical prices under regulation: Tiered copayments and reference pricing in Germany
A. Herr, M. Suppliet, 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
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).
LA SUISSE ÉTUDIE UNE PROPOSITION DE LÉGALISATION DU PARTAGE NON-MARCHAND
Paigrain.debatpublic.net, ici.
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
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
Competition in search and the alleged “manipulation” of search results
A. Lofaro, presentation here.
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.
»FAZ« und »SZ« mahnen Internet-Monitoringdienst wegen Urheber- und Markenrechtsverletzung ab
Institut für Urheber- und Medienrecht, hier.
Monday, May 28, 2012
Friday, May 25, 2012
Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority
V. Pinotta, M. Sforza, qui.
Towards an EU Doctrine of Anticompetitive Patent-Related Litigation
S. Vezzoso (this blog's author), Presentation here.
Wednesday, May 23, 2012
L’exploitation numérique des livres indisponibles du XXe siècle présentée aux belges
Lettresnumeriques.be, ici.
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.
Hargreaves One Year On - An Assessment: Legal and International Implications
S. Ricketson, presentation here.
Exceptions and Limitations to Copyright in the EU Under Pressure
T. Cook (Bird & Bird), presentation here.
On the Security of Cloud Storage Services
Monday, May 14, 2012
The interface between competition policy and data protection
Many Libraries - As the world's books go online, we must resist centralization.
Technologyreview.com, 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.
Does The First Amendment Create A Complete Defense For Google Against Antitrust Regulation?
Searchengineland.com, 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
Intellectual Property Rights and the WTO: Innovation Dynamics, Commercial Copyrights and International Governance
O. Budzinski, K. Monostori, here.
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
Diffusion de données nominatives par les Archives: délibération de la CNIL
Papiers-poussieres.fr, ici.
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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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Here (thanks to Netzpolitik).
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