In this paper the author addresses the issue of collective administration of graphical user interfaces according to the impact of the CJEU decision in BSA v. Ministry of Culture on the case-law in one of EU Member states (Czech Republic). The author analyses the decision of the Czech Supreme Court where this Court concluded that visitors of Internet cafes use graphical user interface actively, which represents relevant usage of a copyrighted works within the meaning of Art. 18 the Czech Copyright Act. In this paper, attention is first paid to the definition of graphical user interface, its brief history and possible regimes of intellectual property protection. Subsequently, the author focuses on copyright protection of graphical user interfaces in the Czech law and interprets the BSA decision from the perspective of collective administration of copyright. Although the graphical user interfaces are independent objects of the copyright protection, if they are used while running the computer program the legal regulation of computer programs has priority. Based on conclusions reached by the Supreme Administrative Court of the Czech Republic in the BSA case, the author claims that collective administration of graphical user interfaces is neither reasonable nor effective.
{"title":"Collective Administration of Graphical User Interfaces (GUI) inthe Light of the BSA Decision","authors":"Pavel Koukal","doi":"10.5817/MUJLT2016-2-1","DOIUrl":"https://doi.org/10.5817/MUJLT2016-2-1","url":null,"abstract":"In this paper the author addresses the issue of collective\u0000administration of graphical user interfaces according to the\u0000impact of the CJEU decision in BSA v. Ministry of Culture on\u0000the case-law in one of EU Member states (Czech Republic). The\u0000author analyses the decision of the Czech Supreme Court where\u0000this Court concluded that visitors of Internet cafes use\u0000graphical user interface actively, which represents relevant\u0000usage of a copyrighted works within the meaning of Art. 18 the\u0000Czech Copyright Act. In this paper, attention is first paid to\u0000the definition of graphical user interface, its brief history\u0000and possible regimes of intellectual property protection.\u0000Subsequently, the author focuses on copyright protection of\u0000graphical user interfaces in the Czech law and interprets the\u0000BSA decision from the perspective of collective administration\u0000of copyright. Although the graphical user interfaces are\u0000independent objects of the copyright protection, if they are\u0000used while running the computer program the legal regulation of\u0000computer programs has priority. Based on conclusions reached by\u0000the Supreme Administrative Court of the Czech Republic in the\u0000BSA case, the author claims that collective administration of\u0000graphical user interfaces is neither reasonable nor effective.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article focused on US case law and analyzed the evolution of students’ freedom of speech from 1969 to this date in the US. Therefore, it briefly introduced the tests and doctrines, which were created in the landmark cases of the Supreme Court of the United States (SCOTUS), noting that these cases were dealing with offline, on-campus situations and their determinations are not necessarily fully applicable to situations we might experience today. Nevertheless, the tests and doctrines, which were created in SCOTUS landmark decisions, are still in force and every cyberbullying judgment is still based on them even in the era of the Internet. Taking into consideration that the world has changed since these tests were established, I examined some more recent cyberbullying cases in the US, where these above tests were applied. Based on the analysis of SCOTUS and some Circuit Court jurisprudence, Certain anomalies were revealed, which serve as a basis to clearly state that the US system suffers from severe deficiencies, like handling the off-campus origin of the speech, or defining the substantial disruption or the sufficient nexus. However, the US courts have worked out tests and doctrines as a basis for their cyberbullying jurisprudence, so they are on the right track, but the jurisprudence will remain ambiguous and unpredictable without a SCOTUS landmark decision regarding cyberbullying.
{"title":"Anomalies in the US Cyberbullying Jurisprudence","authors":"Tamás Pongó","doi":"10.5817/MUJLT2016-2-2","DOIUrl":"https://doi.org/10.5817/MUJLT2016-2-2","url":null,"abstract":"This article focused on US case law and analyzed the evolution of students’ freedom of speech from 1969 to this date in the US. Therefore, it briefly introduced the tests and doctrines, which were created in the landmark cases of the Supreme Court of the United States (SCOTUS), noting that these cases were dealing with offline, on-campus situations and their determinations are not necessarily fully applicable to situations we might experience today. Nevertheless, the tests and doctrines, which were created in SCOTUS landmark decisions, are still in force and every cyberbullying judgment is still based on them even in the era of the Internet. Taking into consideration that the world has changed since these tests were established, I examined some more recent cyberbullying cases in the US, where these above tests were applied. Based on the analysis of SCOTUS and some Circuit Court jurisprudence, Certain anomalies were revealed, which serve as a basis to clearly state that the US system suffers from severe deficiencies, like handling the off-campus origin of the speech, or defining the substantial disruption or the sufficient nexus. However, the US courts have worked out tests and doctrines as a basis for their cyberbullying jurisprudence, so they are on the right track, but the jurisprudence will remain ambiguous and unpredictable without a SCOTUS landmark decision regarding cyberbullying.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.
{"title":"Less is More? Protecting Databases in the EU after Ryanair","authors":"M. Myska, Jakub Harasta","doi":"10.5817/MUJLT2016-2-3","DOIUrl":"https://doi.org/10.5817/MUJLT2016-2-3","url":null,"abstract":"This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71352234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The April 2016 issue of the Stanford Law Review (Volume 68, Issue 4) contains an interesting article by Assistant Professor Andrew Keane Woods. In that article, titled ‘Against Data Exceptionalism’, Woods seeks to challenge the view that the nature of data is incompatible with existing territorial notions of jurisdiction. He argues that the nature of data is not unique, and that existing jurisdictional principles rooted in territoriality can be applied to data. This is my response to his claims. I argue that Woods fails to refute ‘data exceptionalism’, and that his description of relevant jurisdictional issues is based on a misunderstanding leading to a conflation of different jurisdictional questions.
{"title":"Against 'Against data exceptionalism'","authors":"D. Svantesson","doi":"10.5817/MUJLT2016-2-4","DOIUrl":"https://doi.org/10.5817/MUJLT2016-2-4","url":null,"abstract":"The April 2016 issue of the Stanford Law Review (Volume 68, Issue 4) contains an interesting article by Assistant Professor Andrew Keane Woods. In that article, titled ‘Against Data Exceptionalism’, Woods seeks to challenge the view that the nature of data is incompatible with existing territorial notions of jurisdiction. He argues that the nature of data is not unique, and that existing jurisdictional principles rooted in territoriality can be applied to data. This is my response to his claims. I argue that Woods fails to refute ‘data exceptionalism’, and that his description of relevant jurisdictional issues is based on a misunderstanding leading to a conflation of different jurisdictional questions.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71352272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper examines and analyses current trends in the field of Internet jurisdiction, including the troubling development of overly broad claims of 'scope of jurisdiction', the increasing interest in so-called geo-location technologies and the tendency of litigants targeting Internet intermediaries. A handful of recent key judgments from around the world are also analysed, and an effort is made to identify and present key projects and other initiatives currently dealing with the topic of Internet jurisdiction. Based on observations flowing from this analysis, a selection of speculations as to the future of Internet jurisdiction is presented. It will be shown that while the topic of Internet jurisdiction is currently gaining an unprecedented degree of attention and, while progress is being made, there are several serious hurdles in relation to which we have seen little or no progress over the past 20 years. In addition, there are new dangerous trends emerging, adding to the concerns for the future direction of Internet jurisdiction.
{"title":"Nostradamus lite - selected speculations as to the future of internet jurisdiction","authors":"D. Svantesson","doi":"10.5817/MUJLT2016-1-3","DOIUrl":"https://doi.org/10.5817/MUJLT2016-1-3","url":null,"abstract":"This paper examines and analyses current trends in the field of Internet jurisdiction, including the troubling development of overly broad claims of 'scope of jurisdiction', the increasing interest in so-called geo-location technologies and the tendency of litigants targeting Internet intermediaries. A handful of recent key judgments from around the world are also analysed, and an effort is made to identify and present key projects and other initiatives currently dealing with the topic of Internet jurisdiction. Based on observations flowing from this analysis, a selection of speculations as to the future of Internet jurisdiction is presented. It will be shown that while the topic of Internet jurisdiction is currently gaining an unprecedented degree of attention and, while progress is being made, there are several serious hurdles in relation to which we have seen little or no progress over the past 20 years. In addition, there are new dangerous trends emerging, adding to the concerns for the future direction of Internet jurisdiction.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the market for information goods, externalities occur when the production or consumption of literary and artistic works is not directly reflected in the market. Economic theories regarding the creation of market externalities, the causes for market failures, and the correction of market inefficiencies provide evidence in support of retaining the copyright system as the means of correcting these market failures and inefficiencies and to encourage authorship. This approach can also be adopted to analyze the system of collective management. This article aims at analyzing the rationale of collective management system through an economic approach. The author maintains that collecting societies are effective in dealing with the complicated process of rights management, license granting and remuneration distribution.
{"title":"Rationale of Collective Management Organizations: An Economic Perspective","authors":"Zijian Zhang","doi":"10.5817/MUJLT2016-1-4","DOIUrl":"https://doi.org/10.5817/MUJLT2016-1-4","url":null,"abstract":"In the market for information goods, externalities occur when the production or consumption of literary and artistic works is not directly reflected in the market. Economic theories regarding the creation of market externalities, the causes for market failures, and the correction of market inefficiencies provide evidence in support of retaining the copyright system as the means of correcting these market failures and inefficiencies and to encourage authorship. This approach can also be adopted to analyze the system of collective management. This article aims at analyzing the rationale of collective management system through an economic approach. The author maintains that collecting societies are effective in dealing with the complicated process of rights management, license granting and remuneration distribution.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Traditional judicial mechanisms did not offer an adequate solution for cross-border electronic commerce disputes. Although there has been expected great potential in solving disputes online and the rise of Online Dispute Resolution (ODR) use, the assumptions has not been confirmed yet. Only a few examples demonstrate the success stories of ODR, which is in big contrast to the continuous growth of electronic transactions and in general with the use of the online environment. The European Commission however understood the potential of ODR and it is trying to foster the use of it by adopting the ODR Regulation and the ADR Directive. Such legal framework has been developed to apply in consumer disputes arising out of sales or providing services between an EU consumer and an EU trader. The ADR Directive sets out basic standards of ADR entities and processual rules under which it is possible to solve the dispute. Then under the ODR Regulation the complainant will be able to submit a complaint using the ODR platform. The complaint (and any related documentation) will be submitted to the ODR platform via an electronic form. Yet it is necessary to assess the risks of above mentioned legal framework. One of the great concerns are connected with possible forum shopping while providers are registering as ADR entities. Experienced trader (unlike the consumer) is able to choose ADR provider, which is more likely to decide in his favour. Possible exclusion of online negotiation or even online tools in general is then further underlining possible concerns. The paper will thus assess main legal aspects of ADR / ODR legal framework of European Union Law and it will deal with main problematic parts of it.
{"title":"Online Dispute Resolution to Resolve Consumer Disputes from theperspective of European Union Law: Is the Potential of ODRFully Used?","authors":"Pavel Loutocký","doi":"10.5817/MUJLT2016-1-5","DOIUrl":"https://doi.org/10.5817/MUJLT2016-1-5","url":null,"abstract":"Traditional judicial mechanisms did not offer an adequate\u0000solution for cross-border electronic commerce disputes.\u0000Although there has been expected great potential in solving\u0000disputes online and the rise of Online Dispute Resolution (ODR)\u0000use, the assumptions has not been confirmed yet. Only a few\u0000examples demonstrate the success stories of ODR, which is in\u0000big contrast to the continuous growth of electronic\u0000transactions and in general with the use of the online\u0000environment. The European Commission however understood the\u0000potential of ODR and it is trying to foster the use of it by\u0000adopting the ODR Regulation and the ADR Directive. Such legal\u0000framework has been developed to apply in consumer disputes\u0000arising out of sales or providing services between an EU\u0000consumer and an EU trader. The ADR Directive sets out basic\u0000standards of ADR entities and processual rules under which it\u0000is possible to solve the dispute. Then under the ODR Regulation\u0000the complainant will be able to submit a complaint using the\u0000ODR platform. The complaint (and any related documentation)\u0000will be submitted to the ODR platform via an electronic form.\u0000Yet it is necessary to assess the risks of above mentioned\u0000legal framework. One of the great concerns are connected with\u0000possible forum shopping while providers are registering as ADR\u0000entities. Experienced trader (unlike the consumer) is able to\u0000choose ADR provider, which is more likely to decide in his\u0000favour. Possible exclusion of online negotiation or even online\u0000tools in general is then further underlining possible concerns.\u0000The paper will thus assess main legal aspects of ADR / ODR\u0000legal framework of European Union Law and it will deal with\u0000main problematic parts of it.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The day by day expansion of the Internet in all of human’s life put him or her between two worlds: real and virtual. The lifestyle of individuals has changed drastically in the challenge of these two worlds. Domination of virtual environments in all aspects of human personality, especially on the Identity, is clearly observable. The emergence of a virtual identity in cyberspace; beside the real identity of people is one of the challenges of the virtual environment of the Internet. The rise of some novel challenges about the question of identity in cyberspace may need appearing law on the issue of virtual identity. Freedom of identity, anonymity, irresponsibility, authenticity and identification in cyberspace are some of the legal issues, considered as challenges of virtual identity. Rule of cyberspace and protect the rights of cyber society, citizens (Netizens) are on the shoulder of law which makes constructing a legal framework as an irresistible matter of the future of the virtual society. For this, a correct understanding of the virtual environment and its related legal issues is needed. Virtual identity as a new topic may need a new legal approach and analysis.
{"title":"Person and Personality in Cyber Space: A Legal Analysis of Virtual Identity","authors":"Vesali Naseh Morteza","doi":"10.2139/SSRN.2532562","DOIUrl":"https://doi.org/10.2139/SSRN.2532562","url":null,"abstract":"The day by day expansion of the Internet in all of human’s life put him or her between two worlds: real and virtual. The lifestyle of individuals has changed drastically in the challenge of these two worlds. Domination of virtual environments in all aspects of human personality, especially on the Identity, is clearly observable. The emergence of a virtual identity in cyberspace; beside the real identity of people is one of the challenges of the virtual environment of the Internet. The rise of some novel challenges about the question of identity in cyberspace may need appearing law on the issue of virtual identity. Freedom of identity, anonymity, irresponsibility, authenticity and identification in cyberspace are some of the legal issues, considered as challenges of virtual identity. Rule of cyberspace and protect the rights of cyber society, citizens (Netizens) are on the shoulder of law which makes constructing a legal framework as an irresistible matter of the future of the virtual society. For this, a correct understanding of the virtual environment and its related legal issues is needed. Virtual identity as a new topic may need a new legal approach and analysis.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2016-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68194272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper critically summarises legal issues in digitisation of content held by cultural institutions such as libraries or museums.
本文批判性地总结了图书馆或博物馆等文化机构所持有的内容数字化的法律问题。
{"title":"Digitisation, Cultural Institutions and Intellectual Property","authors":"R. Polcák","doi":"10.5817/MUJLT2015-2-7","DOIUrl":"https://doi.org/10.5817/MUJLT2015-2-7","url":null,"abstract":"The paper critically summarises legal issues in digitisation of\u0000content held by cultural institutions such as libraries or\u0000museums.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to explain a new and recent phenomenon from the scope of political science: How does the implementation of remote internet voting (RIV) affect voter turnout in one chosen European state (Estonia) after employing e-voting on the supranational, national and local level of elections. From some point of view, Remote internet voting can have a positive effect on lowering the barriers for voting, because traditional elections using paper ballots do not meet today’s standards for many citizens. The question seems simple: Does the application of RIV create new possibilities for Estonian citizens to vote outside the polling stations thus bringing new voters to the polls in a number, that we can recognize as a significant change in the total turnout in the first and the second level elections?
{"title":"Remote Internet Voting and Increase of Voter Turnout: Happy Coincidence or Fact? The Case of Estonia","authors":"Karel Sál","doi":"10.5817/MUJLT2015-2-2","DOIUrl":"https://doi.org/10.5817/MUJLT2015-2-2","url":null,"abstract":"This article aims to explain a new and recent phenomenon from the scope of political science: How does the implementation of remote internet voting (RIV) affect voter turnout in one chosen European state (Estonia) after employing e-voting on the supranational, national and local level of elections. From some point of view, Remote internet voting can have a positive effect on lowering the barriers for voting, because traditional elections using paper ballots do not meet today’s standards for many citizens. The question seems simple: Does the application of RIV create new possibilities for Estonian citizens to vote outside the polling stations thus bringing new voters to the polls in a number, that we can recognize as a significant change in the total turnout in the first and the second level elections?","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2015-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71351886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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