J.V.J. van Hoboken, Legal Space for Innovative Ordering. On the Need to Update Selection Intermediary Liability in the EU, International Journal of Communications Law & Policy, issue 13, Winter 2009.

30.03.2009

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

Published 06.08.2001

Anyone who has ever had anything to do with rule-making at the European Union level knows that it is often not easy to get a grasp on the meaning and impact of legislative instruments. Not only does he or she have to deal with the "Euro-speak" which veils the ins and outs for the layman and even the expert, but it may also be hard to find out about the mere existence of the supranational regulations. In his book about Internet and E-commerce Law in the European Union, John Dickie provides the reader with the opportunity to overcome such problems. He gives a quick and intelligible introduction to all legislative initiatives relating to what is sometimes called the "Information Society".

Published 20.12.2000

The E-Commerce Directive establishes a regime for on-line intermediary liability. However, certain aspects of the Directive may force intermediaries, in particular host service providers, to indiscriminately take down content even if it is extremely doubtful that the material is in fact unlawful or illegal. This piece investigates these flaws of the Directive’s liability limitations that may unduly hinder freedom of information and fair competition. Additionally, possible solutions to these drawbacks are explored.

Published 15.05.2000

Updated 30.03.2009