Browsing by Subject "Licensing"

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  • Shekera, Victor (2018)
    The article discusses whether imposition of a geo-blocking restriction by copyright owners in licensing agreements unduly restricts competition between online content distributors in non-licensed territory, especially in cases where dissemination of digital content is already precluded by copyright law. The article starts with a discussion of geo-blocking from the perspective of policy clashes ‒ that is, clashes between fundamental freedom, competition law and copyright law ‒ it then turns to competition law analysis of absolute territorial protection, that is, restrictions of active and passive sales. The article further distinguishes online content distribution from distribution of tangible goods by reference to CJEU case law before moving on to discuss the distinctive nature of digital content distribution and the inapplicability of the exhaustion of rights principle. Furthermore, discussion of the restriction on competition in non-licensed territories for online content distributors leads to the conclusion, with a finding that geo-blocking does not restrict competition in non-licensed territories, except in cases where copyright protection is used to facilitate absolute territorial protection or where the copyright owner exploits the market by extracting the highest possible remuneration due to market segregation.
  • Marionneau, Virve; Egerer, Michael; Nikkinen, Janne (2021)
    Purpose of Review: This systematic literature review evaluates the potential of gambling monopolies to affect gambling harms. It compares the occurrence of gambling harms in jurisdictions with gambling monopolies to jurisdictions with license-based regimes. Recent Findings: The review identified 21 publications concerning three gambling-related harm indicators: problem gambling prevalence, total consumption, and the appearance of conflicts of interest. Due to the dearth of literature, concept papers and older publications were also included. Summary: Results show that there is a paucity of empirical research on the effectiveness of different regulatory regimes in affecting gambling harms. Available research demonstrates that monopolistic regimes appear to perform somewhat better in terms of problem gambling prevalence and total consumption but may also be more prone to conflicts of interest than license-based regimes. Monopolistic configurations also differ between themselves, and issues such as availability, accessibility, product range, scope of preventive work, monitoring, as well as the recognition of the public health approach may better predict the levels of harm in society than the existence of a monopoly.
  • Oksanen, Ville; Linden, Krister (2011)
    NEALT Proceedings Series
    The EU Directive harmonising copyright, Directive 2001/29/EC, has been implemented in all META-NORD countries. The licensing schemas of open content/open source and META-SHARE as well as CLARIN are discussed shortly. The status of the licensing of tools and resources available at the consortium partners are outlined. The aim of the article is to compare a set of open content and open source license and provide some guidance on the optimal use of licenses provided by META-NET and CLARIN for licensing the tools and resources for the benefit of the language technology community.