Marsden explains for a general policy audience what the regulatory and governance problems and potential solutions are for the issue referred to as ‘network neutrality’, unpacking its ‘lite’ and ‘heavy’ elements. Eschewing technical, economic or legalistic explanations which he has...

The United States has asymmetric regulation of the provision of broadband Internet access service. A cable television system operator is not regulated in its sale of cable modem service. In contrast, an incumbent local exchange carrier (ILEC) that offers digital subscriber line (DSL) service...

Conventional wisdom dictates that the Internet is a medium in which federalism is destined to fail. By virtue of its decentralized design, the Internet naturally resists regulation by a diverse set of government actors. Indeed, courts have reasoned that federalism on the Internet is either...

Im März dieses Jahres hat das Europäische Parlament trotz zahlreicher Proteste ein neues Urheberrecht beschlossen. Ziel der Reform ist es zum einen, einen vereinheitlichten digitalen Binnenmarkt zu schaffen. Einheitliche Regeln sollen den EU-Unternehmen, insbesondere Start-ups, bessere Chancen...

How different are common law and civil law legal systems? This question has occupied legal scholars for a long time. In the last 15 years the common law/civil law divide has also become a major theme in research of economics, finance and business. In many studies it is alleged that English legal...

Claims by the music, film and video industries that downloading via peer to peer (P2P) networks is destroying their ability to make profits have become ubiquitous in print and on screen . Whether they are true is the stuff of heated battle in the blogosphere. This short article asks whether the...

Online retail is a multi-billion-dollar industry in the United States. Consumers enjoy the ease with which they can browse, click, and order goods from the comfort of their own homes. Though it may come as no surprise to most lawyers, retailers are taking advantage of online transactions by...

How can we regulate the Internet? This seemingly innocent question has been the subject of countless books and articles for just over the past twenty years. Part of the reason why it continues to be a vibrant and relevant topic is the difference of opinions on what is going on. On the one hand...

In recent years, high-profile lawsuits involving standards-essential patents (SEPs) have made headlines in the United States, Europe, and Asia, leading to a heated public debate regarding the role and impact of patents covering key interoperability standards. Enforcement agencies around the...