Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.06
Batu Kinikoglu
Through a review of the EU and the US regulation and case law, this article discusses the extent to which virtual world developers can be held liable as intermediary service providers with regard to potentially infringing user-created and user-uploaded virtual items. Among many virtual worlds, this study focuses on Second Life, developed by Linden, as it allows user-created and uploaded contents, and offers services such as the Marketplace and LindeX exchange, which enable users and the developer to financially benefit from these contents. The article argues that, beyond mere game developers, virtual world developers such as Linden are intermediary service providers and may be liable with regards to user-created and uploaded content on their services. Within the scope of the EU regime, Linden is too active to benefit from the E-Commerce Directive’s safe harbors. However, it should not be considered as an online content-sharing service provider within the scope of the DSM Directive because Second Life does not compete with other online content services for the same audiences. According to the comprehensive protection brought by the DMCA in the US, Linden can benefit from the safe harbors if it takes the necessary steps after becoming aware of specific infringing activity and fulfills the procedural measures listed in the act.
{"title":"Liabilities of virtual world developers as intermediary service providers: the case of Second Life","authors":"Batu Kinikoglu","doi":"10.4337/qmjip.2023.01.06","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.06","url":null,"abstract":"Through a review of the EU and the US regulation and case law, this article discusses the extent to which virtual world developers can be held liable as intermediary service providers with regard to potentially infringing user-created and user-uploaded virtual items. Among many virtual worlds, this study focuses on Second Life, developed by Linden, as it allows user-created and uploaded contents, and offers services such as the Marketplace and LindeX exchange, which enable users and the developer to financially benefit from these contents. The article argues that, beyond mere game developers, virtual world developers such as Linden are intermediary service providers and may be liable with regards to user-created and uploaded content on their services. Within the scope of the EU regime, Linden is too active to benefit from the E-Commerce Directive’s safe harbors. However, it should not be considered as an online content-sharing service provider within the scope of the DSM Directive because Second Life does not compete with other online content services for the same audiences. According to the comprehensive protection brought by the DMCA in the US, Linden can benefit from the safe harbors if it takes the necessary steps after becoming aware of specific infringing activity and fulfills the procedural measures listed in the act.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49478535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.05
Nan Xia
This article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) through China’s Draft Regulation (2017). The Draft Regulation is still in draft form, but it definitely breaks new ground by establishing the most comprehensive piece of legislation for access and benefit-sharing (ABS) in China. Nevertheless, what is surprising is the absence of rigorous analysis of this ground-breaking legislation. In an attempt to fill the literature gap, while referring to the major provisions of the Nagoya Protocol, this article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol, identify its normative gaps and figure out what needs to be done in giving full effect to the obligations of the Nagoya Protocol.
{"title":"Access and benefit-sharing in China: exploring the extent to which China fulfils the obligations of the Nagoya Protocol","authors":"Nan Xia","doi":"10.4337/qmjip.2023.01.05","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.05","url":null,"abstract":"This article critically examines the implementation of the Nagoya Protocol on Access and Benefit Sharing under the Convention on Biological Diversity (CBD) through China’s Draft Regulation (2017). The Draft Regulation is still in draft form, but it definitely breaks new ground by establishing the most comprehensive piece of legislation for access and benefit-sharing (ABS) in China. Nevertheless, what is surprising is the absence of rigorous analysis of this ground-breaking legislation. In an attempt to fill the literature gap, while referring to the major provisions of the Nagoya Protocol, this article seeks to investigate how far the Draft Regulation (2017) in China is meeting the requirements of the Nagoya Protocol, identify its normative gaps and figure out what needs to be done in giving full effect to the obligations of the Nagoya Protocol.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48992859","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-05DOI: 10.4337/qmjip.2023.01.01
Shujie Feng
The rapid growth of the software- and internet-related economy has conferred upon China particular experience in settling unfair competition disputes regarding software disruption. New technical means of competition have enabled intrusion into or disruption of another’s business operations concerning software or online products and services. By adopting case law and special rules on internet-related unfair practices, Chinese courts and legislators have had a generally negative view of software intrusion or disruption, which should be reevaluated in light of the freedom of competition. New technical means are not obstacles in the way of application of the rules on classic unfair practices such as confusion, misrepresentation and defamation. However, the internet and software have increased aggressive commercial practices and the physical disruption of business operations, which makes it necessary to adopt rules on these two types of unfair practices.
{"title":"Software disruption as unfair competition: China’s experience in the legal regulation of technical behaviors","authors":"Shujie Feng","doi":"10.4337/qmjip.2023.01.01","DOIUrl":"https://doi.org/10.4337/qmjip.2023.01.01","url":null,"abstract":"The rapid growth of the software- and internet-related economy has conferred upon China particular experience in settling unfair competition disputes regarding software disruption. New technical means of competition have enabled intrusion into or disruption of another’s business operations concerning software or online products and services. By adopting case law and special rules on internet-related unfair practices, Chinese courts and legislators have had a generally negative view of software intrusion or disruption, which should be reevaluated in light of the freedom of competition. New technical means are not obstacles in the way of application of the rules on classic unfair practices such as confusion, misrepresentation and defamation. However, the internet and software have increased aggressive commercial practices and the physical disruption of business operations, which makes it necessary to adopt rules on these two types of unfair practices.","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42591266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.03
{"title":"Is the registration system a prerequisite for the protection of traditional cultural expressions?","authors":"","doi":"10.4337/qmjip.2022.03.03","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.03","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45731266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.07
{"title":"Restricted access\u0000Book review: David Newhoff, Who Invented Oscar Wilde? The Photograph at the Center of Modern American Copyright (Potomac Books, Dulles, VA 2020) 282 pp.","authors":"","doi":"10.4337/qmjip.2022.03.07","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.07","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41578216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.05
{"title":"Live broadcasting of sporting events: a trigger to the revolutionary reform of Chinese copyright law by transforming the condition of originality","authors":"","doi":"10.4337/qmjip.2022.03.05","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.05","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47558111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.01
{"title":"Nature of a film contributing author’s ‘right to royalty’ under Indian copyright law: an analysis","authors":"","doi":"10.4337/qmjip.2022.03.01","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.01","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49637051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.04
{"title":"Dealing with the mailbox dilemma: tryst with TRIPS and Bangladesh’s pharmaceutical patent law","authors":"","doi":"10.4337/qmjip.2022.03.04","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.04","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46621562","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.06
{"title":"Book review: Henning Hartwig (ed.), Research Handbook on Design Law (Edward Elgar, Cheltenham 2021) 584 pp.","authors":"","doi":"10.4337/qmjip.2022.03.06","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.06","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46579159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-01DOI: 10.4337/qmjip.2022.03.00
{"title":"The nostalgia of copyright: how performers make movies, and other sounds of authorship","authors":"","doi":"10.4337/qmjip.2022.03.00","DOIUrl":"https://doi.org/10.4337/qmjip.2022.03.00","url":null,"abstract":"","PeriodicalId":42155,"journal":{"name":"Queen Mary Journal of Intellectual Property","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48517254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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