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Full-Text Articles in Law

Individual Licensing And Consumer Protection, Lucie Guibault Jan 2017

Individual Licensing And Consumer Protection, Lucie Guibault

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Copyright law is not primarily directed at consumers. Their interests are therefore only marginally accounted for, as the copyright rules exempt specific uses of works from the right holder’s control. This chapter examines the impact of digital technology on the position of consumers of licensed copyrighted content. While ownership of the physical embodiment of a work does not entail the ownership of the rights in the work, how does copyright law deal with ‘disembodied’ works? Whereas digital content is now commonly distributed on the basis of individual licensing schemes, what does it mean for consumers? Do they have a ...


Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney Jan 2017

Internet Surveillance, Regulation, And Chilling Effects Online: A Comparative Case Study, Jonathon Penney

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With internet regulation and censorship on the rise, states increasingly engaging in online surveillance, and state cyber-policing capabilities rapidly evolving globally, concerns about regulatory “chilling effects” online — the idea that laws, regulations, or state surveillance can deter people from exercising their freedoms or engaging in legal activities on the internet have taken on greater urgency and public importance. But just as notions of “chilling effects” are not new, neither is skepticism about their legal, theoretical, and empirical basis; in fact, the concept remains largely un-interrogated with significant gaps in understanding, particularly with respect to chilling effects online. This work helps ...


Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault May 2015

Making Private Copies In The Cloud: Yes, No, Maybe?, Lucie Guibault

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No abstract provided.


Collective Management In The European Union, Lucie Guibault, Stef Van Gompel Jan 2015

Collective Management In The European Union, Lucie Guibault, Stef Van Gompel

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No abstract provided.


Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault Apr 2014

Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault

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No abstract provided.


Access To Information And Knowledge, Lucie Guibault Jan 2013

Access To Information And Knowledge, Lucie Guibault

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No abstract provided.


Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney Jan 2012

Open Connectivity, Open Data: Two Dimensions Of The Freedom To Seek, Receive And Impart Information In The New Zealand Bill Of Rights, Jonathon Penney

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Recently, ideas about "rights" to Internet access or connectivity have received growing recognition from governments, legal institutions, and other political actors in several countries, including New Zealand Despite this emerging political and legal recognition, there are few, if any, systematic studies exploring such ideas. This paper aims to change this. First, it offers a theoretical exploration of the idea of a "right" to Internet access, including the diferent versions of such rights talk. Secondly, it examines whether there is any legal basis for such rights claims in New Zealand and ultimately argues that section 14 of the New Zealand Bill ...


The Press Exception In The Dutch Copyright Act, Lucie Guibault Jan 2012

The Press Exception In The Dutch Copyright Act, Lucie Guibault

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No abstract provided.


Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos Jan 2011

Open Content Licensing: From Theory To Practice, Lucie Guibault, Christina Angelopoulos

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Although open content licences only account for a fraction of all copyright licences currently in force in the copyright world, the mentality change initiated by the open content movement is here to stay. To promote the use of open content licences, it is important to better understand the theoretical underpinnings of these licences, as well as to gain insight on the practical advantages and inconveniences of their use. This book assembles chapters written by renowned European scholars on a number of selected issues relating to open content licensing. It offers a comprehensive and objective study of the principles of open ...


Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, Jonathon Penney Jan 2010

Technology And Judicial Reason: Digital Copyright, Secondary Liability, And The Problem Of Perspective, Jonathon Penney

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Theories abound about how to understand and explain the development copyright law. Few, however, have focused specifically on the development of secondary liability in digital copyright law. Fewer still have analyzed or theorized the factors that may have driven or influenced that development, particularly judicial reasoning, beyond the obvious point that technology or the Internet has played a role. This essay aims to help fill this gap by investigating the nature of judicial reasoning about technology in secondary liability and digital copyright cases. I will argue that two underlying and competing approaches to technology have deeply influenced judicial reasoning and ...


Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen Jan 2006

Unravelling The Myth Around Open Source Licences - An Analysis From A Dutch And European Law Perspective, Lucie Guibault, Ot Van Daalen

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Open source software licences are based on two fundamental principles: the possibility for users to use the software for any purpose and the possibility to modify and redistribute it without prior authorisation from the initial developer. Some open source software licences, like the General Public Licence (GPL), also impose a corollary obligation on the licensee: to make the source code available to other developers. The idea behind this form of licensing is that when programmers can read, redistribute and modify the source code for a piece of software, the software evolves. A number of legal challenges need to be addressed ...


When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault Apr 2005

When Will We Have Cross-Border Licensing Of Copyright And Related Rights In Europe?, Lucie Guibault

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In Europe, much has been written recently about the collective management of copyright and related rights. April 2004 saw the publication of the European Commission’s Communication to the Council and the European Parliament on the Management of Copyright and Related Rights in the Internal Market.1 This communication confirms the Commission’s intention to adopt, in the not too distant future, a directive on the governance of the societies for collective management of copyright and related rights (collecting societies) in Europe. In addition to describing the current situation in the area of collective management of copyright and related rights ...