Keyword: Electronic commerce

Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management external link

Hugenholtz, P.
Wolters Kluwer, 2000, Series: Information Law Series, ISBN: 9041197850

Abstract

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

Auteursrecht, Electronic commerce, Kluwer Information Law Series

Bibtex

Book{ILS8, title = {Copyright and Electronic Commerce: Legal Aspects of Electronic Copyright Management}, author = {Hugenholtz, P.}, url = {https://www.ivir.nl/publicaties/download/8_9789041176813.pdf}, year = {2000}, date = {2000-01-01}, abstract = {The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content\' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners\' rights. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission\'s Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR\'s research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.}, keywords = {Auteursrecht, Electronic commerce, Kluwer Information Law Series}, }

AI Regulation in the European Union and Trade Law: How can accountability of AI and a high level of consumer protection prevail over a trade law discipline on source code?, study commissioned by the Vzbv, Amsterdam: Institute for Information Law, 2021 external link

Irion, K.
2021

Abstract

The Federation of German Consumer Organisations (Verbraucherzentrale Bun-desverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.

accountability, application programming interfaces, Artificial intelligence, auditability, Electronic commerce, EU consumer protection, frontpage, GATS, source code, transpareny, WTO law

Bibtex

Other{Irion2021, title = {AI Regulation in the European Union and Trade Law: How can accountability of AI and a high level of consumer protection prevail over a trade law discipline on source code?, study commissioned by the Vzbv, Amsterdam: Institute for Information Law, 2021}, author = {Irion, K.}, url = {https://www.ivir.nl/irion_study_ai_and_trade_21-01-26-2/}, year = {0126}, date = {2021-01-26}, abstract = {The Federation of German Consumer Organisations (Verbraucherzentrale Bun-desverband – vzbv) has commissioned this study from the Institute for Information Law (IViR) at the University of Amsterdam, in order to shed light on the cross-border supply of AI technology and its impact on EU consumer rights. In the current negotiations on electronic commerce at the World Trade Organisation (WTO), the EU supports the introduction – in the legal text – of a clause which prohibits the participating countries to introduce – in their national laws – measures that require access to, or transfer of, the source code of software, with some exceptions. This is a cause for concern for experts and rights advocates, as such a clause – if not carefully conditioned – can prevent future EU regulation of AI that may be harmful to consumers. This study concludes that the source code clause within trade law indeed restricts the EU’s right to regulate in the field of AI governance in several important ways.}, keywords = {accountability, application programming interfaces, Artificial intelligence, auditability, Electronic commerce, EU consumer protection, frontpage, GATS, source code, transpareny, WTO law}, }

Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape external link

van Hoboken, J., Quintais, J., Poort, J. & van Eijk, N.
vol. 2018, 2019

Abstract

This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.

Electronic commerce, frontpage, Informatierecht, intermediary services, Internet

Bibtex

Report{vanHoboken2019b, title = {Hosting intermediary services and illegal content online: An analysis of the scope of article 14 ECD in light of developments in the online service landscape}, author = {van Hoboken, J. and Quintais, J. and Poort, J. and van Eijk, N.}, url = {https://www.ivir.nl/publicaties/download/hosting_intermediary_services.pdf}, doi = {https://doi.org/10.2759/284542}, year = {0806}, date = {2019-08-06}, volume = {2018}, pages = {}, abstract = {This short study looks at the scope of the hosting safe harbour, in view of policies with respect to illegal content online and questions about the scope of Article 14 of the Electronic Commerce Directive (2000/31/EC) from a legal and practical perspective. Specifically, the study addresses the question of what are the kinds of services that could invoke Article 14 ECD and develops an updated typology of hosting intermediaries for policy experts. It outlines the different potential revenue streams of different hosting intermediaries and discusses how these revenue streams may influence the incentives of services to address unlawful or infringing third-party activity. Finally, the study discusses the most important legal issues with respect to the scope of Article 14 ECD, focusing on the case law of the Court of Justice of the EU and other legal developments.}, keywords = {Electronic commerce, frontpage, Informatierecht, intermediary services, Internet}, }

Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability external link

Angelopoulos, C.
Info, num: 6, pp: 72-96., 2015

Auteursrecht, Copyright, Electronic commerce, European law, Information media, Intellectuele eigendom, Internet

Bibtex

Article{nokey, title = {Sketching the outline of a ghost: the fair balance between copyright and fundamental rights in intermediary third party liability}, author = {Angelopoulos, C.}, url = {http://www.emeraldinsight.com/doi/pdfplus/10.1108/info-05-2015-0028}, year = {2015}, date = {2015-09-01}, journal = {Info}, number = {6}, keywords = {Auteursrecht, Copyright, Electronic commerce, European law, Information media, Intellectuele eigendom, Internet}, }