NYTimes, here.
Tuesday, December 22, 2015
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
Bundesgerichtshof zur Haftung von Access-Providern für Urheberrechtsverletzungen Dritter
Urteile vom 26. November 2015 - I ZR 3/14 und I ZR 174/14, hier.
Wednesday, November 25, 2015
Tuesday, November 24, 2015
Reflections on the use of big data and its implications
Essex University, Submission to the 'Big Data Dilemma Inquiry', here.
Monday, November 23, 2015
Superintendência-Geral do Cade instaura processo administrativo contra taxistas no caso Uber
Rebecaslima.jusbrasil.com.br, aqui.
Friday, November 20, 2015
Thursday, November 19, 2015
Wednesday, November 18, 2015
Tuesday, November 17, 2015
Phishing for Phools: The Economics of Manipulation and Deception
Phishing ("an attempt to acquire sensitive information such as usernames, passwords, and credit card details - and sometimes, indirectly, money- often for malicious reasons, by masquerading as a trustworthy entity in an electronic communication").
Phools: not in the Indian sense (flowers in Urdu پھول) - just idiots.
Chinese Anti-Monopoly Guide on Abuse of Intellectual Property Rights: A Comment
K. Wong-Ervin, J. Wright, D. Ginsburg, B. Kobayashi, here.
Examen, au regard des règles de concurrence, des activités de normalisation et de certification
Autorité de la concurrence, Avis du 17 novembre 2015, ici.
Monday, November 16, 2015
Bundeskartellamt leitet Verfahren gegen Audible/Amazon und Apple ein
Bundeskartellamt.de, hier.
ACX marketplace, FAQs, Distribution: "Exclusive to ACX means your finished audiobook will be sold only through Audible, Amazon, and iTunes. Any audiobook made using ACX will be distributed through these online retailers. Note that Audible has an exclusive relationship with iTunes (i.e. to get your product into iTunes' audiobook store, you have to go through Audible)."
ACX marketplace, FAQs, Distribution: "Exclusive to ACX means your finished audiobook will be sold only through Audible, Amazon, and iTunes. Any audiobook made using ACX will be distributed through these online retailers. Note that Audible has an exclusive relationship with iTunes (i.e. to get your product into iTunes' audiobook store, you have to go through Audible)."
Sunday, November 15, 2015
Saturday, November 14, 2015
Friday, November 13, 2015
Thursday, November 12, 2015
Données personnelles, plateformes et concurrence. Quelle régulation par le droit de la concurrence ?
Déjeuner Procédure, Présentations ici.
Proposed guidance for firms outsourcing to the ‘cloud’ and other third-party IT services
UK Financial Conduct Authority, here.
Wednesday, November 11, 2015
Tuesday, November 10, 2015
Monday, November 09, 2015
Competition Policy in International Agreements
EP, Committee on Economic and Monetary Affairs, here.
The EU-U.S. Safe Harbor Agreement on Personal Data Privacy: In Brief
US Congressional Research Service, here.
Friday, November 06, 2015
Thursday, November 05, 2015
The impact of e-commerce on the consumer sector- view from a Bank of England Agent
Bankunderground.co.uk, here.
Wednesday, November 04, 2015
Tuesday, November 03, 2015
Who Knows What About Me? A Survey of Behind the Scenes Personal Data Sharing to Third Parties by Mobile Apps
J. Zang, K. Dummit, J. Graves, P. Lisker, and L. Sweeney, here.
Vertical restraints
International Seminar, Programme here; Videos here.
L. Peeperkorn (38:27)
- intrabrand matters, s. softening of competition;
- advice: pick up newer economic literature;
- RPM: inefficient means to achieve efficiencies;
L. Peeperkorn (38:27)
- intrabrand matters, s. softening of competition;
- advice: pick up newer economic literature;
- RPM: inefficient means to achieve efficiencies;
Monday, November 02, 2015
The ‘Economics of Attention’: A History of Economic Thought Perspective
A. Festré and P. Garrouste, here.
Saturday, October 31, 2015
Friday, October 30, 2015
Zum Gerichtsstand bei kollektiven Kartellschadensersatzklagen
Gerichtshof Amsterdam, Urteil vom 21.7.2015, Geschäftsnummer: 200.156.295/01 - Kemira/CDC, hier.
Thursday, October 29, 2015
Generating innovative and sustainable solutions to social challenges using open data
Open Data Institute and Nesta, here.
Wednesday, October 28, 2015
High-Cost Short-Term Credit Price Comparison Websites
London Economics for the for the UK Financial Conduct
Authority, here.
Tuesday, October 27, 2015
Monday, October 26, 2015
This is what YouTube is telling labels who haven’t agreed its new terms
Musicbusinessworldwide.com, here.
ECJ Judgment in AC-Treuhand (C-194/14 P) – On the scope of Art. 101 (1) TFEU
A. Lamadrid and S. Villiers, here.
Serial offenders: Why some industries seem prone to endemic collusion
Background Note by the OECD Secretariat, here.
The impact of disruptive innovations on competition law enforcement
A. de Streel and P. Larouche for the OECD, here.
Sunday, October 25, 2015
Google ad boss: Ad blockers are 'a blunt instrument and we need to be worried'
Uk.businessinsider.com, here.
Saturday, October 24, 2015
UN Report: Protection of Sources and Whistleblowers
Special Rapporteur tothe UN General Assembly, here.
Friday, October 23, 2015
Thursday, October 22, 2015
Wednesday, October 21, 2015
Tuesday, October 20, 2015
UK’s largest online pharmacy fined £130,000 for selling patients’ data to scammers
MedConfidential, here.
ICO's "Monetary Penalty Notice" here.
"35. Pharmacy2U has obtained personal data unfairly because its online registration form and privacy policy did not inform its customers that it intended to sell their details to third party organisations, in addition to sending out its own marketing material. It would not be within a customer’s reasonable expectation that this form of disclosure would occur, even if they were willing to agree to the receipt of marketing material from Pharmacy2U itself. If a customer wished to take up Pharmacy2U’s offer to opt out of “Selected company data sharing”, they also had to go to the trouble of logging into their account and changing the setting.
36. In addition, Pharmacy2U did not provide the further information that was necessary to enable the processing in respect of its customers to be fair.
37. In the circumstances, Pharmacy2U’s customers did not give their informed consent to the sale of their personal data to third party organisations. Therefore Pharmacy2U did not have a lawful basis for processing the data under Part I of Schedule 2 to the DPA.
73. The Commissioner has decided that it is appropriate to issue a monetary penalty in this case, in light of the nature and seriousness of the contravention, Pharmacy2U’s shortcomings in terms of its DPA duties and the risks posed to a number of individuals. He has also considered the importance of monetary penalties in dissuading future contraventions of the DPA and encouraging compliance, in accordance with his policy."
ICO's "Monetary Penalty Notice" here.
"35. Pharmacy2U has obtained personal data unfairly because its online registration form and privacy policy did not inform its customers that it intended to sell their details to third party organisations, in addition to sending out its own marketing material. It would not be within a customer’s reasonable expectation that this form of disclosure would occur, even if they were willing to agree to the receipt of marketing material from Pharmacy2U itself. If a customer wished to take up Pharmacy2U’s offer to opt out of “Selected company data sharing”, they also had to go to the trouble of logging into their account and changing the setting.
36. In addition, Pharmacy2U did not provide the further information that was necessary to enable the processing in respect of its customers to be fair.
37. In the circumstances, Pharmacy2U’s customers did not give their informed consent to the sale of their personal data to third party organisations. Therefore Pharmacy2U did not have a lawful basis for processing the data under Part I of Schedule 2 to the DPA.
73. The Commissioner has decided that it is appropriate to issue a monetary penalty in this case, in light of the nature and seriousness of the contravention, Pharmacy2U’s shortcomings in terms of its DPA duties and the risks posed to a number of individuals. He has also considered the importance of monetary penalties in dissuading future contraventions of the DPA and encouraging compliance, in accordance with his policy."
Monday, October 19, 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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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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P. Schaar, hier .
