JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law

desde Enero 2010
Último Número: Diciembre 2014

DIPP. Digital Peer Publishing
ISSN 2190-3387

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Núm. 5-2, Diciembre 2014


Oblivion, Erasure and Forgetting in the Digital Age

In light of the recent European Court of Justice ruling (ECJ C-131/12, Google Spain v. Spanish Data Protection Agency), the “right to be forgotten” has once again gained worldwide media attention. Already in 2012, when the European Commission proposed a right to be forgotten, this proposal received broad public interest and was debated intensively. Under certain conditions, individuals should thereby be able to delete personal data concerning them. More recently – in light of the European Par...

The Implementation of the Media Services Directive by National Regulatory Authorities: National Responses to Regulatory Challenges

The Audiovisual Media Services Directive (AVMSD) which regulates broadcasting and on-demand audiovisual media services is at the nexus of current discussions about the convergence of media. The Green Paper of the Commission of April 2013 reflects the struggle of the European Union to come to terms with the phenomenon of convergence and highlights current legal uncertainties. The (theoretical) quest for an appropriate and futureoriented regulatory framework at the European level may be contras...

A Qualitative Study on the Adoption of Copyright Assignment Agreements (CAA) and Copyright License Agreements (CLA) within Selected FOSS Projects

Open source software projects are multi-collaborative works incorporating the contributions of numerous developers who, in spite of publishing their code under a public license such as GPL, Apache or BSD, retain the copyright in their contributions. Having multiple copyright-owners can make the steering of a project difficult, if not impossible, as there is no ultimate authority able to take decisions relating to the maintenance and use of the project. This predicament can be remedied by cent...

Proportionality of Website Blocking: Internet Connectivity Providers as Copyright Enforcers

Internet connectivity providers have been ordered to block access to websites facilitating copyright infringement in various EU countries. In this paper, the proportionality of these enforcement measures is analysed. After addressing preliminary questions, the recent CJEU ruling UPC Telekabel Wien (C-314/12) and then case law from all Member States are examined from the perspective of proportionality. Finally, five criteria are submitted for proportionality analysis, and a proportionality eva...

Social Networking Sites' Terms of Use: Addressing Imbalances in the User-Provider Relationship through Ex Ante and Ex Post Mechanisms

Book reviews

Sebastian Haunss, Conflicts in the Knowledge Society The Contentious Politics of Intellectual Property

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