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In the platform age, copyright-protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analog age. One of these challenges is related to the fair balance between the interests of...
Persistent link: https://www.econbiz.de/10013220201
This case review introduces the preliminary ruling of the Court of Justice of the European Union (CJEU) in the VG Bild-Kunst v Stiftung Preußischer Kulturbesitz case. The CJEU ruled that framing thumbnails in circumvention of effective technological protection measures is an act communication...
Persistent link: https://www.econbiz.de/10013234142
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
The role of copyright law in furthering social justice is blurred. On the one hand, copyright law aims to guarantee a more or less exclusive protection. On the other hand, copyright law also intends to strike a fair balance between the interests of rightholders and the society. Such balancing...
Persistent link: https://www.econbiz.de/10013238346
Blockchain-based NFTs (non-fungible tokens) are uniquely identifiable digital representations of physical or digital items. Usually, the tokens are indivisible into smaller units. NFTs represent structured metadata referring to physical or digital objects. The tokens act for a separate...
Persistent link: https://www.econbiz.de/10013291431
Many of the fundamental inventions of genome editing, including meganu- cleases, zinc finger nucleases (ZFNs), transcription activator-like effector nucleases (TALENs), and CRISPR, were first made at universities and patented to encourage commercial development. This gave rise to a diver- sity...
Persistent link: https://www.econbiz.de/10013211546
As consumers begin to realize the extent to which their biometric and health data are being tracked through wearable devices, new privacy concerns have arisen. These concerns are more than hypothetical as the unregulated sharing and disclosure of biometric and health data may have serious...
Persistent link: https://www.econbiz.de/10013245558
The US Congress has enacted expansions of copyright which arguably impose high social costs and generate little incentives for authorial creativity. When the two most expansive statutes were challenged as unconstitutional, the US Supreme Court rebuffed the challenges, partly on the supposed...
Persistent link: https://www.econbiz.de/10013063345
This article uses the context of daily fantasy sports (DFS) to analyze how companies use strategic categorization in regulatory arbitrage. DFS is an ideal context to study this issue for three reasons. First, DraftKings and FanDuel were able to categorize themselves differently to different...
Persistent link: https://www.econbiz.de/10012864204
Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone through great controversies. Protection is required for an investor to make an investment but how broad should the given protection be? Whether the invention is a micro-organism...
Persistent link: https://www.econbiz.de/10014156987