Academic Writing

The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
(with Christophe Geiger and Oleksandr Bulayenko) This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level.

From Horizontal to Vertical: An Intermediary Liability Earthquake in Europe

Author(s): 
Giancarlo Frosio
Publication Date: 
June 2, 2017
Publication Type: 
Academic Writing
As part of its Digital Single Market Strategy, the European Commission would like to introduce vertical regulations, replacing — or better conflicting with — the well-established eCommerce Directive horizontal intermediary liability regime. An upcoming revision of the Audio-visual Media Services Directive would ask platforms to put in place measures to protect minors from harmful content and to protect everyone from incitement to hatred.

Automated Driving and Product Liability

Author(s): 
Bryant Walker Smith
Publication Date: 
February 25, 2017
Publication Type: 
Academic Writing

Abstract

This Article focuses on one cyberphysical domain — automated driving — to methodically analyze the so-called liability problem. It considers how automated driving could affect product liability, how product liability could affect automated driving, and how each could advance or impede the prevention of injury and the compensation of victims.

Download the paper from SSRN

Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition

Author(s): 
Morgan Weiland
Publication Date: 
February 22, 2017
Publication Type: 
Academic Writing

Abstract

Though scholars have identified the expanding scope of First Amendment speech doctrine, little attention has been paid to the theoretical transformation happening inside the doctrine that has accompanied its outward creep. Taking up this overlooked perspective, this Article uncovers a new speech theory: the libertarian tradition. This new tradition both is generative of the doctrine’s expansion and risks undermining the First Amendment’s theoretical foundations.

Resisting the Resistance: Resisting Copyright and Promoting Alternatives

Author(s): 
Giancarlo Frosio
Publication Date: 
February 13, 2017
Publication Type: 
Academic Writing

This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately — as I have discussed elsewhere — resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy.

Right to Be Forgotten: Much Ado About Nothing

Author(s): 
Giancarlo Frosio
Publication Date: 
February 9, 2017
Publication Type: 
Academic Writing

In the information society, the role of private sector entities in gathering information for and about users has long been a most critical issue. Therefore, intermediaries have become a main focus of privacy regulations, especially in jurisdictions with a strong tradition of privacy protection such as Europe. In a landmark case, the ECJ ruled that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties.

Reforming Intermediary Liability in the Platform Economy: A European Digital Single Market Strategy

Author(s): 
Giancarlo Frosio
Publication Date: 
February 7, 2017
Publication Type: 
Academic Writing

Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions — often tainted by protectionist concerns — define the present intermediary liability conundrum. Apparently, safe harbours still hold, although secondary liability is on the rise.

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