Publications - Page 100 of 267

EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public external link

Quintais, J. & Rendas, T.

Journal of Intellectual Property Law & Practice , vol. 2018, num: 9, pp: 711-719, 2018

Abstract

This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.

Links

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215

cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST

RIS

TY  - JOUR
AU  - Quintais, J.
AU  - Rendas, T.
PY  - 0202
DA  - 2018-02-02
T1  - EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public
JO  - Journal of Intellectual Property Law & Practice 
VL  - 2018
NV  - 9
SP  - 711-719
AB  - This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.
K1  - cloud
K1  - communication to the public
K1  - Copyright
K1  - frontpage
K1  - Infosoc Directive
K1  - private copying
K1  - VCAST
ER  -

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Bibtex

Article{Quintais2018b,
	title = {EU Copyright Law and the Cloud: VCAST and the Intersection of Private Copying and Communication to the Public},
	author = {Quintais, J. and Rendas, T.},
	url = {https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3113215},
	year = {0202},
	date = {2018-02-02},
	journal = {Journal of Intellectual Property Law & Practice },
	volume = {2018},
	number = {9},
	pages = {711-719},
	abstract = {This article examines the applicability of the private copying exception to cloud services against the backdrop of the judgment of the Court of Justice of the European Union (CJEU) and the Opinion of Advocate General (AG) Szpunar in Case C-265/16, VCAST. 
The case raises the question of whether the exception protects services of an online platform allowing users to store copies of free-to-air TV programmes in private cloud storage spaces. The AG’s proposed answer was to consider that cloud copying could generally be covered by the exception, but the specific service of VCAST could not. The CJEU focused on VCAST’s service only, largely following AG Szpunar’s conclusion. 
The article explains and discusses both the Opinion and the Judgment, further addressing the possible implications of the case for the “leviability” of cloud-based services and the interface between the private copying exception and the right of communication to the public.},
	keywords = {cloud, communication to the public, Copyright, frontpage, Infosoc Directive, private copying, VCAST},
}

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Should taste be subject to copyright protection? Heksenkaas will tell us. external link

Coche, E.

2018

Links

http://copyrightblog.kluweriplaw.com/2018/01/31/taste-subject-copyright-protection-heksenkaas-will-tell-us/

Auteursrecht, bescherming, CJEU, frontpage, heksenkaas, nederland, originaliteit

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Rondetafelgesprek over marktdominantie van internet en technologiebedrijven external link

van Eijk, N.

2018

Links

https://www.ivir.nl/publicaties/download/Rondetafelgesprek-over-marktdominantie-van-internet-en-technologiebedrijven.pdf

frontpage, Internet, marktdominantie, rondetafelgesprek, technologiebedrijven

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Annotatie bij Hof Arnhem-Leeuwarden 20 december 2016 (Trebs / Food & Fun c.a.) external link

Kabel, J.

AMI, vol. 2017, num: 1, pp: 59-60, 2017

Links

https://www.ivir.nl/publicaties/download/Annotatie_AMI_2017_1.pdf

Annotaties, oneerlijke handelspraktijken, reclamerecht, slaafse nabootsing

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Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques external link

Dobber, T., Trilling, D., Helberger, N. & Vreese, C.H. de

Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.

Links

https://policyreview.info/articles/analysis/two-crates-beer-and-40-pizzas-adoption-innovative-political-behavioural-targeting

campaigns, frontpage, innovation, Political behavourial targeting, political microtargeting

RIS

TY  - JOUR
AU  - Dobber, T.
AU  - Trilling, D.
AU  - Helberger, N.
AU  - Vreese, C.H. de
PY  - 0119
DA  - 2018-01-19
T1  - Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques
JO  - Internet Policy Review
VL  - 2017
NV  - 4
AB  - Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.
K1  - campaigns
K1  - frontpage
K1  - innovation
K1  - Political behavourial targeting
K1  - political microtargeting
ER  -

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Bibtex

Article{Dobber2018,
	title = {Two crates of beer and 40 pizzas: the adoption of innovative political behavioural targeting techniques},
	author = {Dobber, T. and Trilling, D. and Helberger, N. and Vreese, C.H. de},
	url = {https://policyreview.info/articles/analysis/two-crates-beer-and-40-pizzas-adoption-innovative-political-behavioural-targeting},
	year = {0119},
	date = {2018-01-19},
	journal = {Internet Policy Review},
	volume = {2017},
	number = {4},
	abstract = {Political campaigns increasingly use data to (micro)target voters with tailored messages. In doing so, campaigns raise concerns about privacy and the quality of the public discourse. Extending existing research to a European context, we propose and test a model for understanding how different contextual factors hinder or facilitate data-driven capabilities of campaigns. We applied the model during the 2017 national election campaign in the Netherlands. The results show how data-driven targeting techniques are not only useful in a first-past-the-post system, but also in a proportional representation system, which at first sight seems to be less suitable for such techniques.},
	keywords = {campaigns, frontpage, innovation, Political behavourial targeting, political microtargeting},
}

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Political micro-targeting: a Manchurian candidate or just a dark horse? external link

Bodó, B., Helberger, N. & Vreese, C.H. de

Internet Policy Review, vol. 2017, num: 4, 2018

Abstract

Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes. In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.

Links

https://policyreview.info/articles/analysis/political-micro-targeting-manchurian-candidate-or-just-dark-horse

democratie, frontpage, Online platforms, Personal data, political microtargeting, Regulation

RIS

TY  - JOUR
AU  - Bodó, B.
AU  - Helberger, N.
AU  - Vreese, C.H. de
PY  - 0119
DA  - 2018-01-19
T1  - Political micro-targeting: a Manchurian candidate or just a dark horse?
JO  - Internet Policy Review
VL  - 2017
NV  - 4
AB  - Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes.   In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.
K1  - democratie
K1  - frontpage
K1  - Online platforms
K1  - Personal data
K1  - political microtargeting
K1  - Regulation
ER  -

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Bibtex

Article{Bodó2018,
	title = {Political micro-targeting: a Manchurian candidate or just a dark horse?},
	author = {Bodó, B. and Helberger, N. and Vreese, C.H. de},
	url = {https://policyreview.info/articles/analysis/political-micro-targeting-manchurian-candidate-or-just-dark-horse},
	year = {0119},
	date = {2018-01-19},
	journal = {Internet Policy Review},
	volume = {2017},
	number = {4},
	abstract = {Political micro-targeting (PMT) has become a popular topic both in academia and in the public discussions after the surprise results of the 2016 US presidential election, the UK vote on leaving the European Union, and a number of general elections in Europe in 2017. Yet, we still know little about whether PMT is a tool with such destructive potential that it requires close societal control, or if it’s “just” a new phenomenon with currently unknown capacities, but which can ultimately be incorporated into our political processes.   In this article we identify the points where we think we need to further develop our analytical capacities around PMT. We argue that we need to decouple research from the US context, and through more non-US and comparative research we need to develop a better understanding of the macro, meso, and micro level factors that affect the adoption and success of PMTs across different countries. One of the most under-researched macro-level factors is law. We argue that PMT research must develop a better understanding of law, especially in Europe, where the regulatory frameworks around platforms, personal data, political and commercial speech do shape the use and effectiveness of PMT. We point out that the incorporation of such new factors calls for the sophistication of research designs, which currently rely too much on qualitative methods, and use too little of the data that exists on PMT. And finally, we call for distancing PMT research from the hype surrounding the new PMT capabilities, and the moral panics that quickly develop around its uses.},
	keywords = {democratie, frontpage, Online platforms, Personal data, political microtargeting, Regulation},
}

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Annotatie bij Vzr. Rb. Rotterdam 6 september 2017 (Apnormal / Punch Out Battles) external link

Kabel, J.

AMI, vol. 2017, num: 6, pp: 215-216, 2018

Abstract

Bespreking van de verschillen tussen het auteursrechtelijk regime en dat van de komende Verordening Gegevensbescherming.

Links

https://www.ivir.nl/publicaties/download/Annotatie_AMI_2017_6.pdf

annotatie, Auteursrecht, Personal data, portretrecht

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Governing online platforms: From contested to cooperative responsibility external link

Helberger, N., Pierson, J. & Poell, T.

The Information Society, vol. 2017, 2018

Abstract

Online platforms, from Facebook to Twitter, and from Coursera to Uber, have become deeply involved in a wide range of public activities, including journalism, civic engagement, education, and transport. As such, they have started to play a vital role in the realization of important public values and policy objectives associated with these activities. Based on insights from theories about risk sharing and the problem of many hands, this article develops a conceptual framework for the governance of the public role of platforms, and elaborates on the concept of cooperative responsibility for the realization of critical public policy objectives in Europe. It argues that the realization of public values in platform-based public activities cannot be adequately achieved by allocating responsibility to one central actor (as is currently common practice), but should be the result of dynamic interaction between platforms, users, and public institutions.

Links

civic engagement, education, frontpage, Journalism, Online platforms, public values, responsability, transport

RIS

TY  - JOUR
AU  - Helberger, N.
AU  - Pierson, J.
AU  - Poell, T.
PY  - 0116
DA  - 2018-01-16
T1  - Governing online platforms: From contested to cooperative responsibility
JO  - The Information Society
VL  - 2017
DO  - https://doi.org/https://doi.org/10.1080/01972243.2017.1391913
AB  - Online platforms, from Facebook to Twitter, and from Coursera to Uber, have become deeply involved in a wide range of public activities, including journalism, civic engagement, education, and transport. As such, they have started to play a vital role in the realization of important public values and policy objectives associated with these activities. Based on insights from theories about risk sharing and the problem of many hands, this article develops a conceptual framework for the governance of the public role of platforms, and elaborates on the concept of cooperative responsibility for the realization of critical public policy objectives in Europe. It argues that the realization of public values in platform-based public activities cannot be adequately achieved by allocating responsibility to one central actor (as is currently common practice), but should be the result of dynamic interaction between platforms, users, and public institutions.
K1  - civic engagement
K1  - education
K1  - frontpage
K1  - Journalism
K1  - Online platforms
K1  - public values
K1  - responsability
K1  - transport
ER  -

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Bibtex

Article{Helberger2018,
	title = {Governing online platforms: From contested to cooperative responsibility},
	author = {Helberger, N. and Pierson, J. and Poell, T.},
	url = {https://www.ivir.nl/publicaties/download/The_Information_Society_2017.pdf},
	doi = {https://doi.org/https://doi.org/10.1080/01972243.2017.1391913},
	year = {0116},
	date = {2018-01-16},
	journal = {The Information Society},
	volume = {2017},
	abstract = {Online platforms, from Facebook to Twitter, and from Coursera to Uber, have become deeply involved in a wide range of public activities, including journalism, civic engagement, education, and transport. As such, they have started to play a vital role in the realization of important public values and policy objectives associated with these activities. Based on insights from theories about risk sharing and the problem of many hands, this article develops a conceptual framework for the governance of the public role of platforms, and elaborates on the concept of cooperative responsibility for the realization of critical public policy objectives in Europe. It argues that the realization of public values in platform-based public activities cannot be adequately achieved by allocating responsibility to one central actor (as is currently common practice), but should be the result of dynamic interaction between platforms, users, and public institutions.},
	keywords = {civic engagement, education, frontpage, Journalism, Online platforms, public values, responsability, transport},
}

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Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law external link

Quintais, J.

AMI, vol. 2017, num: 6, pp: 197-205, 2018

Abstract

The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.

Links

https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf

Copyright, EU, exploitation, frontpage, limitations

RIS

TY  - JOUR
AU  - Quintais, J.
PY  - 2018
DA  - 2018-01-11
T1  - Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law
JO  - AMI
VL  - 2017
NV  - 6
SP  - 197-205
AB  - The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.
K1  - Copyright
K1  - EU
K1  - exploitation
K1  - frontpage
K1  - limitations
ER  -

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Bibtex

Article{Quintais2018,
	title = {Rethinking Normal Exploitation: Enabling Online Limitations in EU Copyright Law},
	author = {Quintais, J.},
	url = {https://www.ivir.nl/publicaties/download/AMI_2017_6.pdf},
	year = {2018},
	date = {2018-01-11},
	journal = {AMI},
	volume = {2017},
	number = {6},
	pages = {197-205},
	abstract = {The adoption of limitations to copyright is regulated at international and EU level by the three-step test. The major obstacle to new limitations for online use is a strict interpretation of the test, namely its second step, according to which a limitation shall not conflict with the normal exploitation of works. This article examines the test with a focus on the second step and its application to the digital and crossborder environment. It argues for a flexible and policy-oriented reading of the concept of normal exploitation. Following this approach could enable the introduction of new online limitations in EU law. In particular, within the context of current EU copyright reform, a flexible interpretation could support the introduction of a mandatory and unwaivable limitation for user-generated content.},
	keywords = {Copyright, EU, exploitation, frontpage, limitations},
}

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Copyright, Doctrine and Evidence-Based Reform external link

van Gompel, S.

JIPITEC, vol. 2017, num: 8, pp: 304-310, 2018

Abstract

Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.

Links

https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf

Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform

RIS

TY  - JOUR
AU  - van Gompel, S.
PY  - 0105
DA  - 2018-01-05
T1  - Copyright, Doctrine and Evidence-Based Reform
JO  - JIPITEC
VL  - 2017
NV  - 8
SP  - 304-310
AB  - Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.
K1  - Copyright
K1  - doctrinal underpinnings
K1  - economic evidence
K1  - evidence-based policy
K1  - frontpage
K1  - lawmaking approaches
K1  - reform
ER  -

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Bibtex

Article{vanGompel2018,
	title = {Copyright, Doctrine and Evidence-Based Reform},
	author = {van Gompel, S.},
	url = {https://www.ivir.nl/publicaties/download/JIPITEC_2017.pdf},
	year = {0105},
	date = {2018-01-05},
	journal = {JIPITEC},
	volume = {2017},
	number = {8},
	pages = {304-310},
	abstract = {Copyright lawmaking is conventionally embedded in a doctrinal tradition that gives much consideration to coherence and formal consistency with legal-theoretical foundations. This contrasts discernibly with the recent trend to base copyright policies and their elaboration into effective legal norms on empirical evidence. Recognizing that both approaches have their relative strengths and weaknesses, this paper explores how evidence-based policy can be reconciled with the traditional doctrinal approach to copyright lawmaking. It suggests that unproven doctrinal constellations that unnecessarily focus the legislative intention unequally on protecting copyright holders should be removed, but that lawmakers at the same time should also not stare blindly on economic evidence if legitimate claims based on fairness rationales are put forward, which also have to be weighed in as evidence.},
	keywords = {Copyright, doctrinal underpinnings, economic evidence, evidence-based policy, frontpage, lawmaking approaches, reform},
}

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