| Staff |
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| Nico
A.N.M. van Eijk |
| Professor |
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| Institute
for Information Law (IViR)
Visiting
address
Korte Spinhuissteeg 3
1012 CG Amsterdam
The Netherlands
Post
address
Kloveniersburgwal 48
1012 CX Amsterdam
The Netherlands
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| kamer
B2.05 |
| tel:
+31 20 - 525 39 31 |
| fax:
+31 20 - 525 30 33 |
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Curriculum Vitae
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Nico van Eijk is
Professor of Media and
Telecommunications Law. He studied Law at the University
of Tilburg and received his doctorate on government
interference with broadcasting in 1992 from the
University of Amsterdam. He also works as a legal
adviser to Rabobank International (Utrecht) and law firm
NautaDutilh (Amsterdam). Furthermore, he is the Chairman
of the Dutch Federation for Media and Communications Law
(Vereniging voor Media- en Communicatierecht, VMC),
member of the editorial board of 'Computerrecht'
and a member of the supervisory board of Netherlands
Public Broadcasting (NPO).
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Publications
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(with J. Poort and P.
Rutten)
Legal, Economic and Cultural Aspects of File Sharing,
Communications & Strategies, 2010-77, p. 35-54.
This contribution
seeks to identify the short and long-term economic
and cultural effects of file sharing on music, films
and games, while taking into account the legal
context and policy developments. The short-term
implications examined concern direct costs and
benefits to society, whereas the long-term impact
concerns changes in the industry's business models
as well as in cultural diversity and the
accessibility of content. It observes that the
proliferation of digital distribution networks
combined with the availability of digital technology
among consumers has broken the entertainment
industries' control over the access to their
products. Only part of the decline in music sales
can be attributed to file sharing. Despite the
losses for the music industry, the increased
accessibility of culture renders the overall welfare
effects of file sharing robustly positive. As a
consequence the entertainment industries,
particularly the music industry, have to explore new
models to sustain their business.
16.04.2010
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(with
N. Helberger,
L. Guibault,
E.H. Janssen,
C.J.
Angelopoulos, J.V.J.
van Hoboken, E. Swart, et al.)
User-Created-Content: Supporting a participative
Information Society, Final Report, Study carried
out for the European Commission by
IDATE, TNO and IViR, 2008.
28.10.2009
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Search
Engines, the New bottleneck for Content Access, in:
B. Preissl, J. Haucap & P. Curwen (eds.), Telecommunication
Markets, Drivers and Impediments, London: Springer,
2009, p. 141-157.
The core function of
a search engine is to make content and sources of
information easily accessible (although the search
results themselves may actually include parts of the
underlying information). In an environment with
unlimited amounts of information available on open
platforms such as the internet, the availability or
accessibility of content is no longer a major issue.
The real question is how to find the information.
Search engines are becoming the most important gateway
used to find content: research shows that the average
user considers them to be the most important
intermediary in their search for content. They also
believe that search engines are reliable. The high
social impact of search engines is now evident. This
contribution discusses the functionality of search
engines and their underlying business model - which is
changing to include the aggregation of content as well
as access to it, hence making search engines a new
player on the content market. The biased structure of
and manipulation by search engines is also explored.
The regulatory environment is assessed - at present,
search engines largely fall outside the scope of
(tele)communications regulation - and possible
remedies are proposed.
24.06.2009
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A
Converged Regulatory Model for Search Engines?, Magazine
of the Society for Computers and Law, 2009-6, p.
1-3.
18.03.2009
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(with
A. Huygen, N. Helberger et
al)
Ups
and downs. Economic and cultural effects of file sharing
on music, film and games (authorised translation), a
study by TNO Information and Communication Technology,
SEO Economic Research and the Institute for Information
Law, commissioned by the Dutch Ministries of Education,
Culture and Science, Economic Affairs and Justice,
February 2009.
27.02.2009
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Search
Engines, the new bottleneck for content acccess,
Paper presented at the International Telecommunications
Society 19th European Regional Conference, 2-5 September
2007, Istanbul, Turkey.
01.11.2007
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The
modernisation of the European Television without
Frontiers Directive: unnecessary regulation and the
introduction of internet governance, (draft) paper
presented at the International Telecommunications
Society 19th European Regional Conference, 2-5 September
2007, Istanbul, Turkey.
Critical analysis of
the proposed Audiovisual Media Services Directive
(AVMS).
01.11.2007
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(with K. Maniadaki)
Institutional
Aspects of Internet Governance, in: C. Moeller &
A. Amouroux (eds.), Governing
the Internet - Freedom and Regulation in the OSCE Region,
Vienna: OSCE Representative on Freedom of the Media,
2007, p. 67-87.
08.08.2007
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‘Search
engines: Seek and ye shall find? The position of search
engines in law’, IRIS plus (Supplement to IRIS
- Legal observations of the European Audiovisual
Observatory), 2006-2.
15.02.2006
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‘Public
Service Broadcasting and State Aid’, paper
presented at the EPRA-conference (European
Platform of Regulatory Authorities), 19-21 October
2005, Budapest.
See also the
slides.
Published 10.11.2005
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‘Universal
Service, a new look at an old concept: broadbandaccess
as auniversal service’. This paper was presented
at the15th
Biennial Conference of the International
Telecommunication Society/Berlin,5-7 September 2004
Published 14.09.2004
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‘Regulating
old values in the Digital Age’ Contribution to the
OSCE-conference
'Guaranteeing Media Freedom in the Internet', 27/28
Augustus 2004, Amsterdam.
Published 31.08.2004
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Study
on the use of conditional access systems for reasons
other than the protection of remuneration, to examine
the legal and the economic implications within the
Internal Market and the need of introducing specific
legal protection, Report presented to the
European Commission by N.
Helberger, N.A.N.M. van Eijk
& P.B. Hugenholtz.
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
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‘Broadband
Services and Local Loop Unbundling in the Netherlands’,
IEEE Communications Magazine October 1999, p.
2-5.
The article describes
the availability of broadband services in the
Netherlands. This particularly concerns broadband
services for the consumer/end user such as access to
Internet.
Published 26.01.2000
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‘Cable
television networks in Europe’, in: Santiago
Muñoz Machado/Rafael de Lorenzo (red.), Derecho
Europea del audiovisual, actas del congreso organizado
por la asociación europea de derecho del audiovisual,
Madrid/Sevilla: 1997, p. 1073-1079.
The European
Commission adopted in October 1995 a directive to
allow the carriage of all liberalised
telecommunications services on cable TV networks as
from 1 January 1996. By adopting this directive, the
European Commission aims to foster competition and new
initiatives in the telecommunications field. This
article addresses the enforcement and content of the
Commission's directive.
Published 08.04.1998
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Updated
16.04.2010
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