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Thomas
Margoni |
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senior
researcher |
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Instituut
voor
Informatierecht (IViR)
Bezoekadres
Korte Spinhuissteeg 3
1012 CG Amsterdam
Postadres
Kloveniersburgwal 48
1012 CX Amsterdam
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room B
2.18 |
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tel:
+31 20 525 3456 |
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+31 20 - 525 30 33 |

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Curriculum Vitae
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Dr. Thomas Margoni is a senior
researcher at the Institute for Information Law. His
research focus concentrates on the relationship between
law (primarily copyright, designs, and patents), new
technologies, and the Internet, from a comparative and
international point of view. He is Marie Curie grant
holder, and conducts a variety of research studies at
the EU level. Thomas is regularly invited at
international conferences, is a member of different
initiatives connected with intellectual property, new
technologies, and the Internet, and has served as an IP
advisor for private and public entities.
Since 2008 he has been a
non-resident fellow at the Nexa center for Internet and
Society.
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Publications
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The
Roles of Material Transfer Agreements in Genetics
Databases and Bio-Banks, in:
Comparative Issues in the Governance of Research
Biobanks, G. Pascuzzi, U. Izzo & M. Macilotti
(eds.), Heidelberg: Springer 2013.
ISBN: 9783642331152.
22.03.2013
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(with M. Perry)
Ownership in Complex Authorship: A Comparative Study of
Joint Works, European Intellectual Property
Review, 2012-1, p. 22-32.
Copyright
legislation, at least in its implementation, can be
seen as a triumph of international harmonisation.
However, in the area of joint works this is not the
case. In the comparison of a North American and a
European country this article observes very
different outcomes, despite the similar statutory
definitions in copyright legislation. However, the
explanation for the divergence of application is not
to be found in copyright law, but rather the parts
of property law that deal with tenancy in common.
Starting from this observation, the article uses
comparative analysis of rules and remedies available
in both systems and concludes with recommendations
towards a more fair and efficient framework.
29.03.2012
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(with M. Perry)
Scientific and Critical Editions of Public Domain Works:
An Example of European Copyright Law (Dis)Harmonization,
Canadian Intellectual Property Review, 2011-1, p.
157-170.
Despite the lack of unanimity among
European nations on how to treat so-called
scientific and critical editions, most of these
nations agree on the major proposition that this
kind of work should attract some kind of protection
under neighbouring rights doctrines in their
copyright codes. Canada has no such provisions. This
article explores the neighbouring rights protection
in some European nations and shows that Canadian
publishers of such editions should be aware of the
diverse range of protection that they are given in
Europe and the potential liability of Canadian
publishers.
29.03.2012
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Eccezioni e limitazioni al diritto d'autore in Internet,
Giurisprudenza Italiana, 2011-8/9, p. 1959 ff.29.03.2012
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(with M. Perry)
From
music tracks to Google maps: Who owns computer-generated
works?, Computer Law & Security Review,
2010-6, p. 621-629.
Increasingly the digital content
used in everyday life has little or no human
intervention in its creation. Typically, when such
content is delivered to consumers it comes with
attached claims of copyright. However, depending on
the jurisdiction, approaches to ownership of
computer-generated works vary from legislated to
uncertain. In this paper we look at the various
approaches taken by the common law, such as in
Canada, and the legislative approach taken in the
United Kingdom. The options for how
computer-generated works may be treated and
suggestions for their best placement in copyright
are discussed.
29.03.2012
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(with M. Perry and K. Ramachandran)
Clarifying privacy in the Clouds, Proceedings of
The Second International Conference on Technical and
Legal Aspects of the e-Society, Berntzen, L. (ed),
2011. p. 12-17.
Concomitant with the increased
market appeal of cloud-based services, there is
growing concern over issues of privacy within the
architecture. In this paper, we analyze what is
meant by the term privacy from a legal perspective,
and how the meaning of cloud computing and their
operation may be affected in at least one
jurisdiction. We also look at some possible
solutions to addressing privacy in clouds.
29.03.2012
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(with M. Perry)
Legal consequences of packet inspection,
Proceedings of The Second International Conference on
Technical and Legal Aspects of the e-Society,
Berntzen, L. (ed), 2011. p. 18-21.
Sophisticated network management is
now very common. However, the legal consequences in
terms of the liabilities, whether civil or criminal,
of the Service Provider in connection with the type
of management used have been poorly explored. In
this work in progress, we identify the research
questions, the methodology and work hypotheses of
our future research.
29.03.2012
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(with M. Perry)
Free-Libre Open Source Software as a Public Policy
Choice, International Journal on Advances in
Internet Technology, 2010-4, p. 212-222.
Free Libre Open Source Software
(FLOSS) is characterised by a specific programming
and development paradigm. The availability and
freedom of use of source code are at the core of
this paradigm, and are the prerequisites for FLOSS
features. Unfortunately, the fundamental role of
code is often ignored among those who decide the
software purchases for Canadian public agencies.
Source code availability and the connected freedoms
are often seen as unrelated and accidental aspects,
and the only real advantage acknowledged, which is
the absence of royalty fees, becomes paramount. In
this paper we discuss some relevant legal issues and
explain why public administrations should choose
FLOSS for their technological infrastructure. We
also present the results of a survey regarding the
penetration and awareness of FLOSS usage into the
Government of Canada. The data demonstrates that the
Government of Canada shows no enforced policy
regarding the implementation of a specific
technological framework (which has legal, economic,
business, and ethical repercussions) in their
departments and agencies.
29.03.2012
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(with M. Perry)
Interpreting 'Network Discrimination' in the CRTC and
FCC, Digital Society, 2010.
The issue of what discriminatory use
of a network means has arisen in two recent
decisions of the United States and Canadian federal
communications commissions, the FCC and the CRTC
respectively. The topic is a contemporary and hotly
debated one, as when a course is fixed it will
strongly influence the future of the Internet. It
can be stated as the dichotomy of open and
competitive or closed and oligopolistic. A study and
comparison of the two different approaches is vital
to clarify the debate, and hopefully guide Canadian
policy in a direction that will benefit the whole
community.
29.03.2012
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(with M. Ricolfi)
Il
Three-Step Test nel diritto d'autore: tra necessità di
bilanciamento e mancanza di ragionevolezza,
Diritto dell'informazione e dell'informatica,
2009-1. 29.03.2012
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(with M. Ciurcina, J.C. De Martin, F. Morando and M.
Ricolfi)
Remunerating creativity, freeing knowledge: File sharing
and extended collective licenses, Position Paper
Nexa Center for Internet and Society, 2009.
29.03.2012
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E-learning, corsi on-line e diritto d'autore,
Diritto dell'Internet, 2007-6.
29.03.2012
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Updated
26.03.2013
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