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Study on the use of conditional access systems for reasons other than the protection of remuneration, to examine the legal and the economic implications within the Internal Market and the need of introducing specific legal protection external link

Helberger, N., van Eijk, N. & Hugenholtz, P.B.
pp: 204., 2001

Abstract

The study offers an analysis of the use of conditional access systems for other reasons than the protection of remuneration interests. The report also examines the need to provide for additional legal protection by means of a Community initiative, such as a possible extension of the Conditional Access Directive. The report will give a legal and economic analysis of the most important non-remuneration reasons to use conditional access (CA), examine whether services based on conditional access for these reasons are endangered by piracy activities, to what extent existing legislation in the Member States provides for sufficient protection, and what the possible impact of the use of conditional access is on the Internal Market. Furthermore, the study analysis the specific legislation outside the European Union, notably in Australia, Canada, Japan and the US, as well as the relevant international rules at the level of the EC, WIPO and the Council of Europe.

Intellectuele eigendom

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Brood en spelen – De implementatie van de evenementenlijst van artikel 3a van de Televisierichtlijn external link

Helberger, N.
Mediaforum, num: 3, pp: 78-84, 2002

Mediarecht

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Access to technical bottleneck facilities: the new European approach external link

Helberger, N.
Communications & Strategies, num: 2, pp: 33, 2002

Mediarecht

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Thou shalt not mislead thy customer! The pitfalls of labelling and transparency external link

Helberger, N.
INDICARE Monitor, vol. 1, num: 9, 2005

Consumentenrecht

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Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations external link

Dufft, N., Groenenboom, M., Kerényi, K., Orwat, C., Riehm, U. & Helberger, N.
2005

Consumentenrecht

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Controlling Access to Content: Regulating Conditional Access in Digital Broadcasting external link

Helberger, N.
Kluwer Law International, 2005, Series: Information Law Series, ISBN: 9789041123459

Abstract

Control of access to content has become a vital aspect of many business models for modern broadcasting and online services. Using the example of digital broadcasting, the author reveals the resulting challenges for competition and public information policy and how they are addressed in European law governing competition, broadcasting, and telecommunications. Controlling Access to Content explores the relationship between electronic access control, freedom of expression and functioning competition. It scrutinizes the interplay between law and technique, and the ways in which broadcasting, telecommunications, and general competition law are inevitably interconnected.

Kluwer Information Law Series

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Not so silly after all – new hope for private copying external link

Helberger, N.
INDICARE Monitor, 2005

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The decision of the French court in Paris in the so-called Mulholland case has left a sour after-taste since. Could it be true that the privat copying exception, a long standing tradition in many national copyright laws, was in fact not much more than a toothless paper tiger? When we reported about this case we expressed our disbelief that this should have been the end of the private copying exception. And indeed, as the Court of Appeals has recently decided, the tiger may be made of paper, but it still has its teeth.

Auteursrecht, Intellectuele eigendom

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Using competition law as tool to enforce access to DRM…and failing external link

Helberger, N.
INDICARE Monitor, 2005

Abstract

Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.

Technologie en recht

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Digital Rights Management from a Consumer’s perspective external link

Helberger, N.
IRIS Plus, num: 8, pp: 1-8, 2005

Abstract

The purpose of this article is to consider the impact of DRM on people's use of digital content and on its availability and accessibility for consumers. It describes the area of conflict between the economic interest of the media industry to use DRM to protect rights to and marketing of digital content, and consumers' desire to use digital content in accordance with their own rights and legitimate interests without suffering any unfavourable consequences as they do so. The article explains why the current approach, where DRM is considered to be exclusively a copyright issue, is too narrow. It lists a series of equally important individual or informational interests which must be respected, linking DRM to the protection of consumers and access to digital content. The article makes some suggestions how this theme might be usefully dealt with in the future.

Consumentenrecht

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The “Right to Information” and Digital Broadcasting: About Monsters, Invisible Men and the Future of European Broadcasting Regulation external link

Helberger, N.
Entertainment Law Review, num: 2, pp: 70-80, 2006

Abstract

As a result of modern content management technologies, individualisation, differentiation and conditioned access step into the place of traditional models of broad-casting content. In the light of these developments, the article provides a critical analysis of the proposals that were made to revise the Television Without Frontiers Directive and to protect “the right to information” of the broadcasting audience. The article will show that instead of modernizing the European broadcasting framework the proposals are focused on maintaining the status quo of an analogue past. It will make an argument in favor of a more viewer-oriented approach.

Mediarecht

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