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A quand l’octroi de licences transfrontières pour l’utilisation de droits d’auteur et de droits voisins en Europe?’ external link
The Legal Protection of Broadcast Signals’ external link
Unravelling the myth around open source licences : An analysis from a Dutch and European law perspective external link
Abstract
This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. By its in-depth analysis and clear conclusions, this book contributes to the understanding of this complex field that policy makers, regulators, and academics so crucially require. Taking the provisions of the GNU GPL, the BSD, and the Mozilla Public Licence as examples, it investigates the implications of open source licensing from a private law, copyright law and patent law perspective. It also takes a brief look at the issue of the enforcement of these licences. To facilitate the use and enforcement of open source software licences in Europe, and more particularly in the Netherlands, the authors conclude their study by making a number of recommendations for the adaptation of the licence terms with a view to enhancing their compliance with the legal requirements.
Auteursrecht, Intellectuele eigendom
RIS
Bibtex
Wrapping Information in Contract: How Does it Affect the Public Domain? external link
Abstract
Contracts are an essential tool in the distribution of information. If a specific element of information has any commercial value at all, its access and use will most likely be governed by the terms of a license, whether it is protected by an intellectual property or not. The central question addressed in this chapter is whether the use of contracts with respect to the distribution of public domain information bears any impact on the supply of information and on the composition of the public domain. Would contracts that restrict the use of public domain information or limit the exercise of uses privileged under the law be actually enforced by the courts? If so, would the use of contracts in the trade of information tend to increase the amount of information available to the public anyway? Or would it, on the contrary, withdraw from the public domain some elements of information that were until then freely available?
Kluwer Information Law Series
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Bibtex
The Netherlands: Darfurnica, Miffy and the right to parody! external link
Abstract
The legal community of the Netherlands let out a sigh of relief in May 2011 when the judgment of the District Court of The Hague in preliminary proceedings was handed down in the Darfurnica case. The same feeling of satisfaction prevailed, more recently, when the Court of Appeal of Amsterdam rendered decision in the Miffy case. Both decisions, rendered on appeal, overruled the judgments of first instance, which had given precedence to the protection of intellectual property rights above the user's freedom of expression in the form of parody. But freedom of expression, and parody in particular, are solidly anchored in the Dutch values and courts more often than not find in favour of the parodist. Apart from the fact that both decisions offer an interesting analysis of where the limit lies between intellectual property protection and artistic freedom, each decision deserves a few words of commentary in view of some noteworthy particularities.
Auteursrecht, Intellectuele eigendom
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Bibtex
Brussels Memorandum of Understanding inzake digitalisering en online beschikbaarstelling van out-of-commerce boeken en tijdschriften external link
Abstract
Op 20 september 2011 werd in Brussel middels een Memorandum of Understanding ('MoU') tussen diverse belanghebbenden overeenstemming bereikt over een clearingmodel voor de digitalisering en online beschikbaarstelling door culturele instellingen van zogenaamde 'out-of-commerce' boeken en tijdschriften. Deze bijdrage bespreekt de drie in het MoU gekozen principes en de daarin gebezigde belangrijkste begrippen.
Auteursrecht, Intellectuele eigendom
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Bibtex
Digital content contracts for consumers external link
Abstract
The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as “goods” or “services” and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.
Consumentenrecht
RIS
Bibtex
Flexible Copyright: The Law and Economics of Introducing and Open Norm in the Netherlands external link
Abstract
This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. The report assesses problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and production. The core of the study concerns the analysis of the economic rationale and effects of introducing flexibility in the Dutch legal order in the form of an open norm.
Auteursrecht, Intellectuele eigendom