Digital Media & Intellectual Property, Spriger, 2006, pp. XVI-171.

Digital Media is mobile by nature either being carried on physical devices, moved as files over the Internet or streamed online. Technical, regulatory, contractual or geographical limitations to such a digital mobility are therefore obstacles introduced by companies to serve and protect their commercial interests and intellectual property (IP). In 2012, the European Commission called for an industrial round table ‘Licenses for Europe Structured Stakeholder Dialogue 2013’ under the auspices of Commissioner Michel Barnier to discuss the obstacles to digital mobility and its evolution on a voluntary basis [1]. The objective of this paper is to evaluate if under present European and national legislation and rulings of the European Court of Justice (ECJ) such obstacles and limitations to the purchase and distribution of files and via streaming are contradictory to European laws and regulations and if they could be erased by a dedicated ruling of the ECJ instantly. The paper should also increase the sensibility of non-legal actors to understand that there are limits to the restriction of user experience and that consumer rights need to be considered as well when implementing technical or legal IP protection mechanisms.

2012

Analysis of the applicable legal frameworks and suggestions for the contours of a model system of consumer protection in relation to digital content contracts

2008

Within the ever-green debate 'competition law versus intellectual property law' there is room also for the analysis of new and controversial tools such as the Digital Rights Management (DRM) systems as they do seem to affect competition in good or in bad. As a matter of fact, the adoption of DRM systems has been spreading, and they are currently implemented in an increasing number of sectors. This phenomenon has consequences on competition within traditional markets as well as it creates new markets. The question arises, thus, as to whether the interface between DRM systems and competition enlarges the competition v intellectual property debate, or can be easily explored within those boundaries. The answer is not an easy one. From the analysis of the cases which, on both sides of the Atlantic ocean, considered the DRM systems from a competition law perspective - or on the grounds of competition law principles - concern arises in relation to the effects on competition that th...

Abstract The paper aims at explaining the current crisis of copyright law in the digital era. The primary hypothesis of the study is that the core of the problem can be found in the divergence between legal and social norms concerning the access to intellectual and artistic creations. The author discerns two main sources of the conflict between these two bodies of norms. The first is the result of the particular dynamics in the development of technology, copyright law and social norms that are perceived as a global phenomenon. The second is the outcome of specific local particularities that led in some societies to the evolution of social norms which differ considerably from the contemporary intellectual property regime. In both cases, however, the core of the problem lies in the fact that consumer held social norms (developed either on the global or local level) strongly oppose the absolute property rhetoric present in most of the international regulations in copyright law.

Journal of Law and Political Sciences Vol. 28, No. 03, 2021

Computer networks are widely used in digital work across the globe, and easy access to the world wide web has led to widespread information of all the digital form sectors. In digital form, such abundance of information has given so many benefits to the countries such as publishing, creating, using, distributing, and reusing has become so easy compared to the past decades. Therefore, the good thing is the information enrichment, which benefits the people as individuals and society as a whole. However, the bad news is it also to misuse and illegally copying, distributing, and using of information illegally. Therefore, the paper aims to address the international intellectual property treaties and agreements, which led to the digital divide in the digital economy. Qualitative data analysis is used in this paper as a research method to define the concept of the digital divide in the context of the digital economy and illustrate the role of international intellectual property in the digital world. The research also sheds light on stakeholders' perspectives in order to stem the digital economy. The researcher also explores this digital divide's reasons while looking at gaps between policies and their implementation in the digital world. The research comes to an end while concluding that all the international intellectual property agreements and policies have failed in their implementation, which has further widened this digital gap.

Studies of Applied Economics, 2021

The purpose of this article is to identify changes in the nature of the challenges and analyze key trends in international law regulation of copyright and related rights protection in the digital environment. It is established that the digital environment forms the newest type of legal relations, which requires modification of copyright legislation. International experience on the latest trends in copyright and related rights protection in the digital environment has discussed. It has established that the key trend of modification international legal regulation of copyright and related rights in the digital environment there are stricter measures to restrict online sales of pirated books, audiovisual products and electronic publications. Particular attention has paid to combating copyright infringement on social networking platforms, as well as in the field of online education, training, e-commerce. It has proved that to improve the mechanism of combating crime in the field of intel...

2005

The digital revolution has increased the economic importance of copyright, but also made copyright infringement much easier. This paper addresses the most fundamental economic challenge for copyright in the third millennium: to achieve the right level of copyright protection. It is just as dangerous to produce a system with too much protection as one with too little.

… -Technological, Economic, Legal and Political Aspects …

1998

The profound impact of digital technologies on all aspects of the society, has triggered a new phase of the world economy. To keep pace with technology. the intellectual property rights community has been reviewing the existing norms and rights of the international rights regime and create new ones to cope with the creation. adaption. transmission and distribution of works. taking into account the distinctive qualities of the digital medium. It is hoped that the new yet evolVing regime strikes a balance between the rightholders and the public. and also facilitates future development of technologies and markets. This article addresses the implications of the new WIPO copyright treaties. the unresolved IPR issues. and issues which may crop up in the future in the context of emerging digital technologies and Global Information Infra­ structure (GIn . Intellectural property is an area of the law that evolves with the development of tech­ nology. The emerging digital technology. with the...