The increased ability to copy and distribute information, knowledge, and entertainment in the digitally networked age has provoked a series of responses. In order to gain back control, copyright holders have made use of so-called technological protection measures (TPM) - including, for instance,...

Ever since the proposed 1996 WIPO-treaty on the legal protection of database failed the sui generis right granted for non-original databases was considered a peculiar oddity in the European Union. Even though several proposals on database-protection have been debated in the US both on the...

This paper looks at cybersecurity and the protection of critical national infrastructure, as an area of systemic risk to society. In particular, it looks at the obligations and potential penalties which apply to cloud providers under the regulatory framework established by the EU’s Network and...

This symposium began with a call for papers “re-assessing the validity of the Chicago School’s assumptions about competition and considering whether a more aggressive approach to antitrust enforcement is now warranted.” That framing uncritically accepts the premises of antitrust’s new...

Court systems, government agencies, private businesses, mediators, and arbitrators are feeling tremendous pressure to provide online dispute resolution (ODR) systems because of the COVID-19 pandemic. As they rush to design and implement ODR systems, however, it is critical that everyone makes...

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right...

The digital transformation "revolutionizes" entire economies and societies. It can be interpreted as a Schumpeterian technological and economic revolution that fits well into his "Theory of Economic Development" written more than 100 years ago. This paper analyzes three current policy debates...

This article presents and analyses the results of a large-scale empirical study in which over 11,000 consumers from ten countries in five continents were surveyed about their use, perceptions and understanding of online platform services. To the author’s knowledge, this is the first...

The European Union’s Digital Markets Act (DMA) initiative, which is set to introduce ex ante regulatory rules for “gatekeepers” in online platform markets, is one of the most important pieces of legislation to emanate from Brussels in recent decades. It not only has the potential to...

The triumph of the self-preferencing doctrine is not confined to Europe but is found in many other jurisdictions as well. Korea is a case in point. On December 14, 2022, the Seoul High Court decided that the Korean competition authority (i.e., Korea Fair Trade Commission, ‘KFTC’) was right...