Archive | Enforcement

How Does Increased Investor Protection Enhance the Dissemination of Knowledge?

By 19 January 2016 0

This article is the second part of a three-piece series written by Lukas Vanhonnaeker (for the first part, see here). Lukas Vanhonnaeker is a doctoral candidate at McGill University. After completing his bilingual (French/English) bachelor’s degree in law at the Facultés Universitaires Saint-Louis (Brussels, Belgium) in 2010, Mr Vanhonnaeker received his law degree (cum laude) […]

State of the Commons

Business models for digital goods in the face of the ‘culture of free’?

By 10 December 2014 40

Piracy of digital goods is an issue that we have already addressed many times on this blog. Here is an additional post on the topic, which does not contain new material or analysis but which simply points you to two instructive resources that were recently published. First, there is this excellent video, produced by RetroReport.org, […]

The risk of patent trolls in the U.S. and in Europe: a sequel to a never ending story

By 27 November 2014 22

The issue of ‘patent assertion entities’ (PAEs) or ‘patent trolls’, i. e. of companies that acquire patent portfolios to aggressively negotiate licenses, potentially under the threat of an action for patent infringement, is not new. Patent trolling has been addressed several times on this blog. Paul Belleflamme addressed the issue from an economic point of […]

When solving copyright cases requires to balance fundamental rights

By 30 September 2014 44

Copyright cases until recently were mainly decided with reference to the rules contained in the statutes (the relevant Copyright Acts) and on the basis of the principles deriving from case law. Under the influence of the Court of Justice of the EU (CJEU) and of the European Court on Human Rights (ECtHR), a growing number […]

Blocage et filtrage sur internet: analyse de la situation actuelle

By 30 January 2014 2

La problématique du blocage de sites internet et du filtrage de fichiers a connu d’importants développements jurisprudentiels récents. Il y a eu, en l’espace de quelques semaines, la décision française Google Images (Max Mosley), la décision  française Allostreaming, la décision belge The Pirate Bay et, pour finir, les conclusions de l’Avocat Général (AG) de la […]

piracy key

The hidden treasure of piracy?

By 2 December 2013 169

You probably know “Game of Thrones”, the most popular TV series of the moment. The first two seasons were a huge hit and the third season premiered on March 31, 2013 on HBO (the American premium cable network that produces the series). There are about 4.5 million subscribers who follow the series. But overall, the […]

Court of Justice of the European Union logo

Where to sue in a case of alleged online copyright infringement?

By 10 October 2013 0

Readers who follow all things copyright will remember Case C-170/12 Pinckney, an exciting reference from the French Court of Cassation concerning jurisdiction in online infringement cases and interpretation of Article 5(3) of the Brussels I Regulation. The case was recalled a few days ago in the context of new reference C-441/13 Pez Ejduk (here). The fate of the Pinckney case was […]

Captain Copyright

The economics of copyright protection

By 2 October 2013 105

A few weeks ago (September 14, 2013), the blog American Thinker published quite a vocal piece, entitled “Copyright Strangulation”, condemning the current scope and length of the US copyright law. According to the author, Mike Konrad, Copyright law in America gives individuals, and corporations, a paralyzing stranglehold on our culture. Though its proponents claim that it […]

CJEU asked to clarify copyright questions regarding online infringement, transformation and … exhaustion

By 29 September 2013 0

With autumn officially started, it is time to get back to school, buy a “bouquet of newly sharpened pencils” (you got it: it is a quote from one of this blogger’s favourite 1990s rom coms) or, if you happen to be a copyright case, probably head to the Court of Justice of the European Union (CJEU). […]

Entrepreneur

How entrepreneurial should the state be?

By 24 September 2013 38

  In a chapter that I wrote in 2008 for the book “Intellectual Property and the Theories of Justice” (edited by A. Gosseries, A. Marciano and A. Strowel), I summarize how economists generally explain that the state has a role in promoting innovation. The problem with activities generating information or knowledge is that they suffer from […]