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The Sony BMG rootkit scandal external link
Abstract
The article will have a closer look at the charges of the EFF and a Californian lawyer against Sony BMG's latest DRM strategy. The Sony BMG case adds a number of new dimensions to the DRM and Consumer debate. The article will highlight some aspects, also against the background of similar recent case law in Europe.
Technologie en recht
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Vive la Balance! Pleading for a French revolution of copyright, external link
Abstract
This article reports about the French implementation of the famed Article 6 (4) of the European Copyright Directive, the article that orders member states to guarantee that consumers can benefit from exceptions despite the application of technological protection measures. Considering the fact that France is the origin of a series of groundbreaking decisions in favour of a balance between DRM use and consumer interests, figuring prominently among them the private copyying exception, and all the public discussion those cases triggered, we have all reason to be curious about what the French legislator will come up with.
Auteursrecht, Intellectuele eigendom
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Bibtex
Some critical reflections about access obligations under the European Communications Framework external link
Abstract
European communications and competition policy has a tradition on access obligations as primary tool to discipline exclusive control over so called bottleneck facilities. In the 2007 Communication on the Review of the European Communications Framework, the European Commission stressed once more the importance of access rules as a tool to realize consumer welfare, competition and user rights, notably the right for users to access and distribute lawful content. This article will place some critical reflections on access obligations. Using the example of bottlenecks in digital broadcasting, it will show that access obligations that were successfully applied to traditional bottleneck situations are not necessarily the best or effective way of guaranteeing openness of the digital service market. The example of digital broadcasting is for many reasons interesting.
Mediarecht
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The Changing Role of the User in the “Television Without Frontiers Directive” external link
Abstract
The changing role of users of audiovisual services might eventually shake the very base of traditional media policy. It is early days yet. It is certainly not too early, however, to become aware of changes and muse about possible implications for media law and policy. The objective of this article is to scrutinize some aspects of traditional government involvement with audiovisual media from the perspective of the changing role of the users. Aspects that will be discussed include the justification for government intervention in the first place, the image of the user, the character of intervention and the new issues that are likely to play a role in future media law and policy. The point of reference will be the revised proposal for a Directive on the Regulation of Audiovisual Media Services.
Mediarecht
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‘”Access denied”: How some e-commerce businesses re-errect national borders for online consumers, and what European law has to say about this’ external link
Making place for the iConsumer in Consumer Law’ external link
Digital content services for consumers: Comparative analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content external link
Abstract
The Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR) were commissioned by the European Commission to conduct a study on digital content services for consumers. This report contains the country reports of 9 Member States - Finland, France, Germany, Hungary, Italy, The Netherlands, Poland, Spain and the United Kingdom - and two legal systems from outside the EU, i.e. Norway and the United States. The country reports contain the responses of national experts to a questionnaire developed by the CSECL and the IViR.
Consumentenrecht
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Copyright Limitations and Contracts – An Analysis of the Contractual Overridability of Limitations on Copyright, Information Law Series external link
Abstract
Traditional copyright law strikes a delicate balance between an author’s control of original material and society’s interest in the free flow of ideas, information, and commerce. In today’s digitally networked environment, this balance has shifted dramatically to one side, as powerful rights holders contractually impose terms and conditions of use far beyond the bounds set by copyright law. This vitally significant book explores this conflict from its gestation through its current manifestations to its future lineaments and potential consequences. Focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure, Copyright Limitations and Contracts clearly explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter, among them the nature of the contract (e.g., fully negotiated vs. “shrink-wrap”), the respective interests of the parties involved, and the legislated policy of particular regimes. She points out that the United States’ new Uniform Computer Information Transactions Act (UCITA), which is likely to be adopted by many U.S. States and influence similar legislation in many other countries, leaves this crucial issue essentially unresolved. Among the author’s many startling insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) for the first time in human history to exercise absolute control over copyrighted material, even under circumstances of global mass distribution. As we become more and more aware that the intersection of copyright and contract reveals one of the deepest and most far-reaching contradictions of our time, this illuminating analysis will be of extraordinary value to jurists in every area of public and private law.
Kluwer Information Law Series