Cartel Damages Claims in the European Union: Have We Only Seen the Tip of the Iceberg?

D. Geradin, L.-A. Grelier, here

I motori di ricerca devono pagare le notizie

Lettera43.it, qui. V. anche G. Scorza "Agcom, Sovrana assoluta dei contenuti", qui e, dello stesso autore, "Web: e i diritti (d’autore) di 'noantri'?", qui. In questione è quello scempio dell'art. 5 del DDL collegato alla legge di Stabilità 2014, qui

Tassa sugli smartphone, la Siae si scrive il decreto

Corriere della Sera, qui

Libor fines gathered from UK banks allocated to military charities

BBC.co.uk, here

Stiglitz to TPP Negotiators

Letter, here

Memo For Sr. Almunia, A Patent Assertion Entity Is Not Necessarily A Patent Troll

Forbes.com, here

France's sovereign patent fund takes aim at LG and HTC in the US and Germany

Iam-magazine.com, here

Turning Government Data into Gold': The Interface between EU Competition Law and the Public Sector Information Directive – With some Comments on the Compass-Case

B. Lundqvist, here or here.

Maverick: Making Sense of a Conjecture of Antitrust Policy in the Lab

C. Engel, A. Ockenfels, here

Some brief comments on SEPs and Art.102 TFEU (Moscow Conference)

This blog's Author, here

Cartel Fines imposed by the EU Commission - Statistics

Ec.europa.eu, here

Intellectual property and competition policy

J. Almunia, here. Important update on (too?) many open issues: SEP, patent trolls, Google Search, etc.

Seminario sobre Propiedad Intelectual: Google and the World Brain

Uoc.edu, aquì

Global Patent Filings See Fastest Growth in 18 Year

WIPO, here. 2012 World Intellectual Property Indicators Report, here

UK Police Intellectual Property Crime Unit goes global in its pursuit of illegal websites

Cityoflondon.police.uk, here

The European Union Public Licence (EUPL)

P.-E. Schmitz, here

Protection Of Handicrafts Gains Global Interest; Challenges Persist In The South

Ip-watch.org, here

Open Innovation 2.0 – A New Paradigm

EU Open Innovation Strategy and Policy Group (OISPG), here. Presentations here. Open Innovation 2.0 Yearbook 2013 here.

Second release of secret Trans-Pacific Partnership Agreement document

Wikileaks.org, here

Study on business models for Linked Open Government Data

Interoperability Solutions for European Public Administrations (ISA) Programme of the European Commission, here

On the relation between surveillance practices in the EU and the US and the EU data protection provisions

C. Moraes, J. Albrecht, here.

House of Representatives passes widely supported bill to fight patent trolls

TheVerge.com, here.

The Holy See on the TPP


Statement, 9th Session of the Ministerial Conference of the World Trade Organization
Bali, here (p.4-5).

Complexities evident in today's oral argument in Oracle v. Google (API and copyright)

J. Band, here. See also my take on the District Court's ruling in a comparative perspective, here

Public Consultation on the review of the EU copyright rules

Here.Press Release, here.

Some highlights:

"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}


Finally, the question of flexibility and adaptability is being raised: what is the best mechanism to ensure that the EU and Member States’ regulatory frameworks adapt when necessary (either to clarify that certain uses are covered by an exception or to confirm that for certain uses the authorisation of rightholders is required)? The main question here is whether a greater degree of flexibility can be introduced in the EU and Member States regulatory framework while ensuring the required legal certainty, including for the functioning of the Single Market, and respecting the EU's international obligations. {pretty straightforward answer: yes, on all accounts}.

Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.

Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders). 

A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial. 








Indistinguishable from Magic: A Wizard's Guide to Copyright and 3D Printing

J. Grimmelmann, here.

EU-Ministerrat: Deutsche Beamte bremsen Europas Datenschutz aus

Spiegel.de, hier

Internetvertrieb und vertikale Wettbewerbsbeschränkungen

G. Kallfaß, hier

Could Digital College Textbooks Become Free in the USA?

Publishingperspectives.com, here

Fair use, Georgia State, and the rest of the world

Blogs.library.duke.edu, here

How a 2-page letter led to American Airlines' antitrust settlement with the feds

Dallasnews.com, here

Drug detectives: scientists want to crowdsource the discovery of new antibiotics

TheVerge.com, here

La CNMC multa con 15 millones de euros a Mediapro y a cuatro clubs de fútbol

CNMC.es, aquì

Ending the Book Famine: How Does the WIPO Treaty Help?

S. King, Presentation here

When Algorithms Grow Accustomed to Your Face

NYTimes.com, here

Startup Cities To Become Reality (ZEDE - Zonas de Empleo y Desarrollo Económico)

EdanYago.me, here

Open Government Guide

The Transparency and Accountability Initiative, here

Thanks for the tip, I’ll get it on Amazon

Macleans.ca, here

Algorithms and competition

M. Vestager, here . Large friendly letters? "It's true that the idea of automated systems getting together and reaching a...