Opinie: Internetproletariërs aller landen verenigt u!

Library Genesis is one of the oldest and largest illegal scholarly book collections online. Without the authorization of copyright holders, this shadow library hosts and makes more than 2 million scholarly publications, monographs, and textbooks available. This paper analyzes a set of weblogs of one of the Library Genesis mirrors, provided to us by one of the service’s administrators. We reconstruct the social and economic factors that drive the global and European demand for illicit scholarly literature. In particular, we test if lower income regions can compensate for the shortcomings in legal access infrastructures by more intensive use of illicit open resources. We found that while richer regions are the most intensive users of shadow libraries, poorer regions face structural limitations that prevent them from fully capitalizing on freely accessible knowledge. We discuss these findings in the wider context of open access publishing, and point out that open access knowledge, if not met with proper knowledge absorption infrastructures, has limited usefulness in addressing knowledge access and production inequalities.

Links

Auteursrecht, frontpage, Internet, knowledge gap, libraries, piraterij

Bibtex

Article{Bodó2020c,
	title = {Can scholarly pirate libraries bridge the knowledge access gap? An empirical study on the structural conditions of book piracy in global and European academia},
	author = {Bodó, B. and Antal, D. and Puha, Z.},
	url = {https://journals.plos.org/plosone/articl=10.1371/journal.pone.0242509
},
	doi = {https://doi.org/10.1371/journal.pone.0242509},
	year = {1204},
	date = {2020-12-04},
	journal = {PLoS ONE},
	volume = {15},
	number = {12},
	abstract = {Library Genesis is one of the oldest and largest illegal scholarly book collections online. Without the authorization of copyright holders, this shadow library hosts and makes more than 2 million scholarly publications, monographs, and textbooks available. This paper analyzes a set of weblogs of one of the Library Genesis mirrors, provided to us by one of the service’s administrators. We reconstruct the social and economic factors that drive the global and European demand for illicit scholarly literature. In particular, we test if lower income regions can compensate for the shortcomings in legal access infrastructures by more intensive use of illicit open resources. We found that while richer regions are the most intensive users of shadow libraries, poorer regions face structural limitations that prevent them from fully capitalizing on freely accessible knowledge. We discuss these findings in the wider context of open access publishing, and point out that open access knowledge, if not met with proper knowledge absorption infrastructures, has limited usefulness in addressing knowledge access and production inequalities.},
	keywords = {Auteursrecht, frontpage, Internet, knowledge gap, libraries, piraterij},
}

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.

Links

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},
	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},
}

Third Annual Detlev F. Vagts Roundtable on Transnational Law: Data Protection in a Global World external link

Irion, K.

Proceedings of the Annual Meeting - American Society of International Law, vol. 112, pp: 220-226, 2019

Links

Data protection law, free data flow, frontpage, General Data Protection Regulation, Internet, transnational law

Bibtex

Annotatie bij EHRM 4 december 2018 (Magyar Jeti Zrt / Hongarije) external link

McGonagle, T.

European Human Rights Cases, vol. 2019, num: 3, pp: 170-174, 2019

Links

https://www.ivir.nl/publicaties/download/Annotatie_EHRC_2019_3.pdf

aansprakelijkheid, frontpage, hyperlinks, Internet, Roma, smaad, Vrijheid van meningsuiting

Bibtex

Dream of Californication: welcome to the Californian Consumer Privacy Act external link

Williams, J. & Irion, K.

Internet Policy Review, vol. 2018, 2018

Abstract

The California Consumer Privacy Act (CCPA), slated to enter into force on 1 January 2020, borrows some cutting edge ideas from the EU and others’ privacy regimes while also experimenting with new approaches to data privacy. Importantly, the CCPA envisages an online advertisement market in which business are prevented from “getting high on information,” 1 breaches are promptly notified, and consumers are autonomous participants with the ability to sell their data at will. Where the CCPA breaks new ground is in protecting consumers from retaliation for opting out of the sale of their data. Thus, if it lives up to its potential, the CCPA could catalyse a permanent restructuring of the online data mining business. Our contribution will shed light on the new CCPA and offer some observations in comparing it with EU’s General Data Protection Regulation (GDPR).

Links

https://policyreview.info/articles/news/dream-californication-welcome-californian-consumer-privacy-act/1351

California, Consumer Privacy, frontpage, General Data Protection Regulation, Internet

Bibtex

Article{Williams2018,
	title = {Dream of Californication: welcome to the Californian Consumer Privacy Act},
	author = {Williams, J. and Irion, K.},
	url = {https://policyreview.info/articles/news/dream-californication-welcome-californian-consumer-privacy-act/1351},
	year = {2018},
	date = {2018-10-16},
	journal = {Internet Policy Review},
	volume = {2018},
	abstract = {The California Consumer Privacy Act (CCPA), slated to enter into force on 1 January 2020, borrows some cutting edge ideas from the EU and others’ privacy regimes while also experimenting with new approaches to data privacy. Importantly, the CCPA envisages an online advertisement market in which business are prevented from “getting high on information,” 1 breaches are promptly notified, and consumers are autonomous participants with the ability to sell their data at will. Where the CCPA breaks new ground is in protecting consumers from retaliation for opting out of the sale of their data. Thus, if it lives up to its potential, the CCPA could catalyse a permanent restructuring of the online data mining business. Our contribution will shed light on the new CCPA and offer some observations in comparing it with EU’s General Data Protection Regulation (GDPR).},
	keywords = {California, Consumer Privacy, frontpage, General Data Protection Regulation, Internet},
}

Europe’s Internet Policies: The Challenge of Maintaining an Open Internet external link

Möller, C. & McGonagle, T.

0823, pp: 153-183, ISBN: 9781783208869

Links

beleid, Europe, Internet, Mediarecht, Technologie en recht

Bibtex

Global Online Piracy Study external link

Quintais, J. & Poort, J.

Abstract

The percentage of Internet users in Europe that occasionally download or stream music, films, series, books or games illegally has decreased between 2014 and 2017. The decrease is greatest for music, films and series. Meanwhile, expenditure on legal content has increased since 2014. This follows from the Global Online Piracy Study that the Institute for Information Law (IViR) of the University of Amsterdam published today.