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Het prinsesje onder de grondrechten external link
IE vincit omnia? Opsporing in de particuliere sector. external link
Abstract
Bevel aan Google tot afgifte ex. art. 28 lid 9 Aw van persoons- en adresgegevens van de houder van een Google Play account vanwege onrechtmatige verkoop van e-books. Voorwaarde dat de houder op grond van art. 40 Wbp verzet kan aantekenen tegen die afgifte bij de verantwoordelijke (Google). Grondrechtenconflict bescherming van eigendom, vrijheid van meningsuiting en privacy.
Grondrechten, Privacy
RIS
Bibtex
Individual Licensing Models and Consumer Protection external link
Abstract
Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a claim under consumer protection law against copyright owners for the impossibility to make a copy for private purposes, the lack of interoperability between devices, and the geo-blocking of their account?
Auteursrecht, Consumer law, consumer protection, Copyright, digital content, geo-blocking, Intellectuele eigendom, interoperability, private copying
RIS
Bibtex
Cultural Heritage Online? Settle it in the Country of Origin of the Work external link
Abstract
This article examines the conditions under which a system of extended collective licensing (ECL) for the use of works contained in the collections of cultural heritage institutions (CHIs) participating in Europeana could function within a cross-border basis. ECL is understood as a form of collective rights management whereby the application of freely negotiated copyright licensing agreements between a user and a collective management organisation (“CMO”), is extended by law to non-members of the organisation. ECL regimes have already been put in place in a few Member States and so far, all have the ability to apply only on a national basis. This article proposes a mechanism that would allow works licensed under an ECL system in one territory of the European Union to be made available in all the territories of the Union. The proposal rests on the statutory recognition of the “country of origin” principle, as necessary and sufficient territory for the negotiation and application of an ECL solution for the rights clearance of works contained in the collection of a cultural heritage institution, including orphan works.
Auteursrecht, Copyright, cross-border access, cultural heritage, extended collective licensing, Intellectuele eigendom
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Bibtex
Scoping Electronic Communication Privacy Rules: Data, Services and Values external link
Abstract
We use electronic communication networks for more than simply traditional telecommunications: we access the news, buy goods online, file our taxes, contribute to public debate, and more. As a result, a wider array of privacy interests is implicated for users of electronic communications networks and services. . This development calls into question the scope of electronic communications privacy rules. This paper analyses the scope of these rules, taking into account the rationale and the historic background of the European electronic communications privacy framework. We develop a framework for analysing the scope of electronic communications privacy rules using three approaches: (i) a service-centric approach, (ii) a data-centric approach, and (iii) a value-centric approach. We discuss the strengths and weaknesses of each approach. The current e-Privacy Directive contains a complex blend of the three approaches, which does not seem to be based on a thorough analysis of their strengths and weaknesses. The upcoming review of the directive announced by the European Commission provides an opportunity to improve the scoping of the rules.
data, e-Privacy Directive, electronic communication, Privacy, services, values
RIS
Bibtex
Welcome to the Jungle: the Liability of Internet Intermediaries for Privacy Violations in Europe external link
Abstract
In Europe, roughly three regimes apply to the liability of Internet intermediaries for privacy violations conducted by users through their network. These are: the e-Commerce Directive, which, under certain conditions, excludes them from liability; the Data Protection Directive, which imposes a number of duties and responsibilities on providers processing personal data; and the freedom of expression, contained inter alia in the ECHR, which, under certain conditions, grants Internet providers several privileges and freedoms. Each doctrine has its own field of application, but they also have partial overlap. In practice, this creates legal inequality and uncertainty, especially with regard to providers that host online platforms and process User Generated Content.
Data protection, ECHR, Freedom of expression, Grondrechten, intermediaries, liability, Privacy