tag:blogger.com,1999:blog-5574479.post2148874748546859853..comments2024-03-19T08:36:55.274+00:00Comments on The IPKat: SUPER KAT-EXCLUSIVE: Here's draft Directive on copyright in the Digital Single MarketVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-76535950412262650472016-09-01T09:11:27.910+01:002016-09-01T09:11:27.910+01:00I love the question about how this is possible wit...I love the question about how this is possible without reforming the liability exemptions contained in the E-commerce Directive. In my opinion the proposal seems a clear attempt to bypass arts. 14 and 15. I believe there are two issues here:<br />i) "Prevent the availability on their services of works or other subject-matter [any idea what they are referring to with "other subject-matter"? database sui-generis rights?] not covered by such agreements contradicts the lack of obligation to monitor, which applies horizontally regardless the matter;<br />ii) The tricky bit here, though, is that the new proposal seems to introduce an obligation towards enforcing third party agreements (licenses), which is completely crazy, as the ISP is not part of that agreement! (I mean, now it would be, by law). This aspect makes no sense from a contractual point of view, as it will lead to the ISP obliged to interpret contractual clauses, which seems burdensome and out of the scope of what a IT company should be investing in.<br /><br />https://twitter.com/democratizelawBLhttps://twitter.com/democratizelawnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58234301958305712042016-08-31T21:54:27.736+01:002016-08-31T21:54:27.736+01:00Thank you. I've read all the WHEREAS and it...Thank you. I've read all the WHEREAS and it's sickening... Feels like the offices writing these texts are full of zombies.Federicohttps://www.blogger.com/profile/01590082705421602977noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-49597558919239292532016-08-31T17:15:14.329+01:002016-08-31T17:15:14.329+01:00the contract adjustment mechanism seems very skimp...the contract adjustment mechanism seems very skimpy in outline and less than a termination or recpature right as under the US Copyright Act of 1976 or the UK Copyright Act of 1911, but still gives authors a second bite at the cherry - but what about their heirs - is is a right which can only be claimed by the living author or performer? and does the burden fall on the original assignee/licensee or its successors?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26108730094765036182016-08-31T14:48:13.262+01:002016-08-31T14:48:13.262+01:00@Anonymous at 14:22: Possibly. In any case, Conten...@Anonymous at 14:22: Possibly. In any case, ContentID is a voluntary measure (and costly technology), not a mandatory one, that YouTube has decided to adopt.<br /><br />@Anonymous at 14:31: Try this https://drive.google.com/file/d/0B6d07lh0nNGNNjZpcGlsQ3pJN3M/view?usp=sharingEleonora Rosatihttps://www.blogger.com/profile/05629420303968805446noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-47484857701129545852016-08-31T14:31:53.336+01:002016-08-31T14:31:53.336+01:00Thanks a lot! The Google Drive link seems to be br...Thanks a lot! The Google Drive link seems to be broken through. Could you please fix the upload? CheersAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5461350410052866372016-08-31T14:22:05.536+01:002016-08-31T14:22:05.536+01:00Wouldn't the value gap article close the marke...Wouldn't the value gap article close the market for new players in the 'upload sector'? Filtering technologies are possible for Youtube, but likely not for a starting competitor.Anonymousnoreply@blogger.com