[Book Review] The EU Geo-blocking Regulation: A Commentary

This is a review of “The EU Geo-Blocking Regulation: A Commentary” by Marketa Trimble (William S. Boyd School of Law). According to the author, this commentary of the Geo-blocking Regulation is intended to aid lawyers, academics, judges, legislators, and technical experts alike in interpreting and applying the Regulation. 

From the very outset, this Kat was captivated by the book's exceptional writing and rational structure, which together create a highly engaging read, The book spans 14 chapters, including two introductions, an article-by-article breakdown of the Regulation's 11 provisions, and a brief conclusion.

A Closer Look

The first chapter, with a strong comparative perspective, sets the stage by elaborating on relevant terminology and introducing the concept of geo-blocking. It explains the various uses of geo-blocking, the technology behind it, and how it is often circumvented, while also discussing the legal aspects at hand. Additionally, it highlights the importance of localization in the context of the seemingly borderless internet. Contrary to popular belief, the chapter argues that the internet is becoming increasingly “geographically aware”.

The second introductory chapter — this Kat’s favourite — explores the history of legislative developments, showcasing legislators' interest in regulating obstacles to cross-border access to internet content even before the launch of the Digital Agenda for Europe. By presenting a timeline of key events, it traces the origins and evolution of the Regulation, placing it within the broader context of related EU legislation. Most importantly, Trimble explains thoroughly the connection of copyright with the Regulation even commenting upon its impact on the unification of copyright stating that: 

The Commission's anti-geo-blocking agenda has supported its efforts toward a greater harmonisation of EU copyright law and provided some fuel to the proponents of an EU-wide unification of copyright law … Geo-blocking has not been expressly linked to any unification efforts for copyright law, but it is apparent that the elimination of geo-blocking, which would effectively remove any borders on the Internet, would create pressure for a copyright law unification or, at minimum, a deeper harmonisation of copyright law.

Following the introductory chapters, the book adheres to a traditional format by analyzing the regulation article-by-article. Each chapter is dedicated to a specific article, beginning with the reproduction of the article’s text and its related recitals. This is followed by a thorough analysis of the wording, the corresponding recitals, and their legislative background.

Trimble’s meticulous analysis in the chapter regarding Article 4 deserves special mention, specifically regarding the controversial exception of Article 4(1)(b) for Non-Audiovisual Electronically Supplied Services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, a crucial article for the fate of the Regulation, described as a “must” for striking a deal in the trialogue negotiations.

Closely linked to Article 4(1)(b), Trimble criticizes, in chapter 9, the limitation on the object of the first evaluation of the Regulation in Article 9(2). The evaluation concerning electronically supplied services, the main feature of which is the provision of access to and use of copyright-protected works or other protected subject matter, should concern cases in which “the trader has the requisite rights for the relevant territories”.

Chapters 7 and 8 on enforcement and consumer assistance are equally noteworthy. Readers will find exhaustive lists of all the Member States' legislative acts in accordance with Article 7(3), along with the appointed Member States’ enforcement bodies and consumer assistance bodies.

In sum

This book stands out as a diligently researched exploration of the Regulation, seamlessly weaving together an impressive array of case law from diverse jurisdictions and legal fields. Its in-depth commentary, employing a distinctly interdisciplinary approach, not only clarifies the complex interactions between the Regulation and key areas of law, such as copyright and competition but also skilfully illuminates the relevant technical and economic dimensions. 

Details

Publisher: Edward Elgar Publishing 

Extent: 478

Format: Hardback and eBook 

ISBN: 978 1 80392 386 4