During the the fourth edition of the annual prize for the best publication of the year, organised by the Law Faculty of the University of Amsterdam, the third place was awarded to Joost Poort and João Pedro Quintais for their article "The Levy Runs Dry. A Legal and Economic Analysis of EU Private Copying Levies."

Purpose of the prize
The prize has been introduced on the initiative of the dean and the Science Committee in order to strengthen and support the research culture within the Faculty of Law and to allow young researchers  (PhD students, or candidates who completed their PhD within the last five years at the FdR) to give publicity to their work. The prize entails an amount of 1,000 Euros for the winner, 500 Euros for the first runner up, and 250 Euros for the third place. The prizes will be added to the research budget of the research group and which the winner can use for research activities such as congress visits, etc.

The jury about the article:
Excellent paper with direct relevance for all scholars: should we pay (and/or get paid) for copies of our publications. Beautiful example of successful combination of  a legal and eco­nomic analysis of private copying levies in the EU.

The article:
The Levy Runs Dry: A Legal and Economic Analysis of EU Private Copying Levies, Drs. J.P. Poort & Mr. J.P. Quintais, JIPITEC,  2013-3, p. 205-224

Abstract:
This article provides a legal and economic analysis of private copying levies in the EU, against the background of the Copyright Directive (2001/29), a number of recent rulings by the European Court of Justice and the recommendations presented by mediator Vitorino earlier this year. It concludes that notwithstanding these rulings and recommendations, there remains a lack of concordance on the relevance of contractual stipulations and digital rights management technologies (DRM) for setting levies, and the concept of harm. While Mr. Vitorino and AG Sharpston (in the Opinion preceding VG Wort v Kyocera) use different lines of reasoning to argue that levies raised on authorized copies would lead to double payment, the Court of Justice’s decision in VG Wort v Kyocera seems to conclude that such copies should nonetheless be levied. If levies are to provide fair compensation for harm resulting from acts of private copying, economic analysis suggests one should distinguish between various kinds of private copies and take account of the extent to which the value said copies have for consumers can be priced into the purchase. Given the availability of DRM (including technical protection measures), the possibility of such indirect appropriation leads to the conclusion that the harm from most kinds of private copies is de minimis and gives no cause for levies. The user value of copies from unauthorised sources (e.g. from torrent networks or cyber lockers), on the other hand, cannot be appropriated indirectly by rightholders. It is however an open question in references for preliminary rulings pending at the Court of Justice whether these copies are included in the scope of the private copying exception or limitation and can thus be be levied for. If they are not, as currently happens in several EU Member States, legal and economic analysis leads to the conclusion that the scope of private copying acts giving rise to harm susceptible of justifying levies is gradually diminishing.

 

During the the fourth edition of the annual prize for the best publication of the year, organised by the Law Faculty of the University of Amsterdam, the third place was awarded to Joost Poort and João Pedro Quintais for their article "The Levy Runs Dry. A Legal and Economic Analysis of EU Private Copying Levies."

Purpose of the prize
The prize has been introduced on the initiative of the dean and the Science Committee in order to strengthen and support the research culture within the Faculty of Law and to allow young researchers  (PhD students, or candidates who completed their PhD within the last five years at the FdR) to give publicity to their work. The prize entails an amount of 1,000 Euros for the winner, 500 Euros for the first runner up, and 250 Euros for the third place. The prizes will be added to the research budget of the research group and which the winner can use for research activities such as congress visits, etc.

The jury about the article:
Excellent paper with direct relevance for all scholars: should we pay (and/or get paid) for copies of our publications. Beautiful example of successful combination of  a legal and eco­nomic analysis of private copying levies in the EU.

The article:
The Levy Runs Dry: A Legal and Economic Analysis of EU Private Copying Levies, Drs. J.P. Poort & Mr. J.P. Quintais, JIPITEC,  2013-3, p. 205-224

Abstract:
This article provides a legal and economic analysis of private copying levies in the EU, against the background of the Copyright Directive (2001/29), a number of recent rulings by the European Court of Justice and the recommendations presented by mediator Vitorino earlier this year. It concludes that notwithstanding these rulings and recommendations, there remains a lack of concordance on the relevance of contractual stipulations and digital rights management technologies (DRM) for setting levies, and the concept of harm. While Mr. Vitorino and AG Sharpston (in the Opinion preceding VG Wort v Kyocera) use different lines of reasoning to argue that levies raised on authorized copies would lead to double payment, the Court of Justice’s decision in VG Wort v Kyocera seems to conclude that such copies should nonetheless be levied. If levies are to provide fair compensation for harm resulting from acts of private copying, economic analysis suggests one should distinguish between various kinds of private copies and take account of the extent to which the value said copies have for consumers can be priced into the purchase. Given the availability of DRM (including technical protection measures), the possibility of such indirect appropriation leads to the conclusion that the harm from most kinds of private copies is de minimis and gives no cause for levies. The user value of copies from unauthorised sources (e.g. from torrent networks or cyber lockers), on the other hand, cannot be appropriated indirectly by rightholders. It is however an open question in references for preliminary rulings pending at the Court of Justice whether these copies are included in the scope of the private copying exception or limitation and can thus be be levied for. If they are not, as currently happens in several EU Member States, legal and economic analysis leads to the conclusion that the scope of private copying acts giving rise to harm susceptible of justifying levies is gradually diminishing.

 

Per december 2014 is Prof. dr. Nico van Eijk toegetreden tot de kenniskring van de Commissie van Toezicht betreffende de Inlichtingen- en Veiligheidsdiensten (CTIVD). Deze kenniskring dient de Commissie te adviseren over technologische, juridische en maatschappelijke ontwikkelingen die van belang zijn voor het toezicht op de inlichtingen- en veiligheidsdiensten. Leden van de kenniskring kunnen tevens worden ingezet teneinde tegenspraak te leveren in lopende onderzoeken.
De CTIVD heeft de betrokken ministers alsmede de Tweede Kamer op 23 december jl. hierover geïnformeerd. De brief is te raadplegen via de onderstaande link.

Brief aan de minister-president.

 

Per december 2014 is Prof. dr. Nico van Eijk toegetreden tot de kenniskring van de Commissie van Toezicht betreffende de Inlichtingen- en Veiligheidsdiensten (CTIVD). Deze kenniskring dient de Commissie te adviseren over technologische, juridische en maatschappelijke ontwikkelingen die van belang zijn voor het toezicht op de inlichtingen- en veiligheidsdiensten. Leden van de kenniskring kunnen tevens worden ingezet teneinde tegenspraak te leveren in lopende onderzoeken.
De CTIVD heeft de betrokken ministers alsmede de Tweede Kamer op 23 december jl. hierover geïnformeerd. De brief is te raadplegen via de onderstaande link.

Brief aan de minister-president.

 

IViR at Computers, Privacy and Data Protection Conferentie (CPDP) 2015: Data Protection on the Move
Brussels, 21-23 januari 2015.

At CPDP 2015 IViR organised a panel on “Privacy by analogy: Lessons from copyright law, environmental law, consumer protection law and compliance with financial regulations”. CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. Within an atmosphere of independence and mutual respect, CPDP gathers academics, lawyers, practitioners, policy-makers, computer scientists and civil society from all over the world to exchange ideas and discuss the latest emerging issues and trends. This unique multidisciplinary formula has served to make CPDP one of the leading data protection and privacy conferences in Europe and around the world.

 

IViR at Computers, Privacy and Data Protection Conferentie (CPDP) 2015: Data Protection on the Move
Brussels, 21-23 januari 2015.

At CPDP 2015 IViR organised a panel on “Privacy by analogy: Lessons from copyright law, environmental law, consumer protection law and compliance with financial regulations”. CPDP offers the cutting edge in legal, regulatory, academic and technological development in privacy and data protection. Within an atmosphere of independence and mutual respect, CPDP gathers academics, lawyers, practitioners, policy-makers, computer scientists and civil society from all over the world to exchange ideas and discuss the latest emerging issues and trends. This unique multidisciplinary formula has served to make CPDP one of the leading data protection and privacy conferences in Europe and around the world.

 

The Institute for Information Law is very proud to announce that Prof. Dr. Natali Helberger has been awarded with a ERC Starting Grant. A Starting Grant is a personal grant of 1.5 million euros which is meant to support talented researchers for a period of five years while they conduct research.

She will receive the grant for her research titled:

Profiling and Targeting News Readers: Implications for the Democratic Role of the Digital Media, User Rights and Public Information Policy

Within the digital media environment, user attention is scare and competition for ‘eyeballs’ is fierce. The personalisation of media content is seen by many as a solution; with the help of (Big) Data and clever algorithms, users receive news and adverts that are tailored to their individual interests and tastes. Personalisation, however, is also part of a more fundamental paradigm shift in the media’s role from public interest intermediary to personal information coach. In her project, Hellberger will answer critical questions about the consequences of this shift for individual media users, the public debate and the role of personalised media in a democratic society.

See also the UvA website ERC Starting Grant for nine UvA and AMC-UvA researchers and Foliaweb UvA-hoogleraar Helberger ontvant ERC Starters Grant (in Dutch).

On 19 September 2014 Natali Helberger held her inaugural speech at the UvA on a related topic: Media and users: towards a new balance.

The Institute for Information Law is very proud to announce that Prof. Dr. Natali Helberger has been awarded with a ERC Starting Grant. A Starting Grant is a personal grant of 1.5 million euros which is meant to support talented researchers for a period of five years while they conduct research.

She will receive the grant for her research titled:

Profiling and Targeting News Readers: Implications for the Democratic Role of the Digital Media, User Rights and Public Information Policy

Within the digital media environment, user attention is scare and competition for ‘eyeballs’ is fierce. The personalisation of media content is seen by many as a solution; with the help of (Big) Data and clever algorithms, users receive news and adverts that are tailored to their individual interests and tastes. Personalisation, however, is also part of a more fundamental paradigm shift in the media’s role from public interest intermediary to personal information coach. In her project, Hellberger will answer critical questions about the consequences of this shift for individual media users, the public debate and the role of personalised media in a democratic society.

See also the UvA website ERC Starting Grant for nine UvA and AMC-UvA researchers and Foliaweb UvA-hoogleraar Helberger ontvant ERC Starters Grant (in Dutch).

On 19 September 2014 Natali Helberger held her inaugural speech at the UvA on a related topic: Media and users: towards a new balance.

 

Frameworks for Modeling Cognition and Decisions in Institutional Environments: A Data-Driven Approach
 

Recently Joan-Josep Vallbé published a new book in the Law, Governance and Technology Series. See Springer for more information about the book.

 

Summary:
This book deals with the theoretical, methodological, and empirical implications of bounded rationality in the operation of institutions. It focuses on decisions made under uncertainty, and presents a reliable strategy of knowledge acquisition for the design and implementation of decision-support systems. Based on the distinction between the inner and outer environment of decisions, the book explores both the cognitive mechanisms at work when actors decide, and the institutional mechanisms existing among and within organizations that make decisions fairly predictable.

While a great deal of work has been done on how organizations act as patterns of events for (boundedly) rational decisions, less effort has been devoted to study under which circumstances  organizations cease to act as such reliable mechanisms. Through an empirical strategy on open-ended response data from a survey among junior judges, the work pursues two main goals. The first one is to explore the limits of “institutional rationality” of the Spanish lower courts on-call service, an optimal scenario to observe decision-making under uncertainty. The second aim is to achieve a better understanding of the kind of uncertainty under which inexperienced decision-makers work. This entails exploring the demands imposed by problems and the knowledge needed to deal with them, making this book also a study on expertise achievement in institutional environments.

This book combines standard multivariate statistical methods with machine learning techniques such as multidimensional scaling and topic models, treating text as data. Doing so, the book contributes to the collaboration between empirical social scientific approaches and the community of scientists that provide the set of tools and methods to make sense of the fastest growing resource of our time: data.

 

Frameworks for Modeling Cognition and Decisions in Institutional Environments: A Data-Driven Approach
 

Recently Joan-Josep Vallbé published a new book in the Law, Governance and Technology Series. See Springer for more information about the book.

 

Summary:
This book deals with the theoretical, methodological, and empirical implications of bounded rationality in the operation of institutions. It focuses on decisions made under uncertainty, and presents a reliable strategy of knowledge acquisition for the design and implementation of decision-support systems. Based on the distinction between the inner and outer environment of decisions, the book explores both the cognitive mechanisms at work when actors decide, and the institutional mechanisms existing among and within organizations that make decisions fairly predictable.

While a great deal of work has been done on how organizations act as patterns of events for (boundedly) rational decisions, less effort has been devoted to study under which circumstances  organizations cease to act as such reliable mechanisms. Through an empirical strategy on open-ended response data from a survey among junior judges, the work pursues two main goals. The first one is to explore the limits of “institutional rationality” of the Spanish lower courts on-call service, an optimal scenario to observe decision-making under uncertainty. The second aim is to achieve a better understanding of the kind of uncertainty under which inexperienced decision-makers work. This entails exploring the demands imposed by problems and the knowledge needed to deal with them, making this book also a study on expertise achievement in institutional environments.

This book combines standard multivariate statistical methods with machine learning techniques such as multidimensional scaling and topic models, treating text as data. Doing so, the book contributes to the collaboration between empirical social scientific approaches and the community of scientists that provide the set of tools and methods to make sense of the fastest growing resource of our time: data.