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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
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
RIS
Bibtex
Brood en spelen – De implementatie van de evenementenlijst van artikel 3a van de Televisierichtlijn external link
Access to technical bottleneck facilities: the new European approach external link
Thou shalt not mislead thy customer! The pitfalls of labelling and transparency external link
Digital Rights Management and Consumer Acceptability: A Multi-Disciplinary Discussion of Consumer Concerns and Expectations external link
Controlling Access to Content: Regulating Conditional Access in Digital Broadcasting external link
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
RIS
Bibtex
Not so silly after all – new hope for private copying external link
Abstract
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
RIS
Bibtex
Using competition law as tool to enforce access to DRM…and failing external link
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
RIS
Bibtex
Digital Rights Management from a Consumer’s perspective external link
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