Kamiel Koelman worked
at IViR between 1996 and 2002. Currently, he is
practicing law at Van
Diepen van der Kroef Advocaten.
protection of technological measures vs. the copyright
limitations', paper presented at the ALAI
Congress Adjuncts and Alternatives for Copyright,
New York, 15 June 2001.
Just as uses of
information can be excluded on the basis of copyright,
technological measures allow the exclusion of uses.
However, while copyright is limited in many ways,
exclusivity based on technology is potentially
unlimited. How should a legislator deal with this
phenomenon of expanding exclusion? Should he maintain
the information policy which is expressed in copyright
law – of which the limitations on the right are an
integral part – or should he endorse the broader
exclusivity based on technology?
review of Dickie, J., Internet and Electronic
Commerce Law in the European Union (Oxford: Hart,
1999) in Digital
Technology Law Journal.
Liability in the E-commerce Directive: So Far, So Good,
But It’s Not Enough’ (draft), the final version
has been published in Computer
Law & Security Report 2000-4, p. 231-239.
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 the
freedom of information and fair competition.
Additionally, possible solutions to these drawbacks
Hard Nut to Crack: The Protection of Technological
Measures’ (Draft), the final version has been
published in European
Intellectual Property Review 2000-6, p. 272-288.
It is expected that
in the digital era, information will be distributed in
technologically protected formats, which will make it
harder, or even impossible, to infringe copyrights.
Recently drafted and enacted legislation intends to
protect technological measures which protect
copyrighted works. This article investigates the ways
in which the legal protection of these technological
measures may affect the copyright owners’ and users’
relative positions. Will the balance shift to one side
or the other? The emphasis is on the upcoming E.U.
Copyright Directive, but legislation from other
countries is also discussed.
ZIP-format (41 kB). An abridged and updated version
was published in EIPR 2000-10, p. 482-493.
The report is written
(with prof. mr.
P.B. Hugenholtz) for the European Commission in
the context of the Esprit-programme. It is part of a
multidisciplinary study about caching.
Intermediary Liability for Copyright Infringement'
(with prof. mr.
P.B. Hugenholtz), report to WIPO.
of Technological Measures, IMPRIMATUR,
Data Protection and Copyright: Their Interaction in the
Context of Electronic Copyright Management Systems,
report to IMPRIMATUR,
aspects of the preservation of electronic publications
for Online Intermediaries, report to IMPRIMATUR,
Licenses: Selected Topics (summary).