Monday, September 7, 2015

Law and new technologies: information summer to remember – Next INpact

You have sported on the beaches, in the countryside, even far from any Wi-Fi and 3G all summer? This is an overview of the main information that we should not miss in the new technology sector right, processed in our columns (Bern Xavier and Marc Rees).



The videos on news sites and CSA

For the ECJ, a case of great importance is in progress. The main question? Whether the video section of news sites should or should not be treated as an audiovisual media service. Behind the expression somewhat evocative, hide very heavy effects since affirmative answer would give authority to the CSA to regulate these multimedia spaces. On July 1, the Advocate General concluded, however, the rejection of such assimilation, on the occasion of a born case in Austria, for an online journal. He submitted several arguments. Thus, a qualification would switch “ a considerable number of operators ” into the fold of European CSA. Moreover, the fact that a service falls in this category or not “ not can depend only on its nature, not the architecture of the website in which it is offered . “

The quagmire of private copying

In the area of ​​intellectual property, Fleur Pellerin tried at all costs to reactivate the commission private copying. This has shattered end of 2013 following the departure of almost all the industrial college. Presented July 2 Rue de Valois, the report by Christine Maugue magistrate to the State Council, has designed several tracks designed in particular to improve transparency of flows, track down conflicts of interest, or why not to place studies Practice under the public procurement … There was little chance of reaching an agreement, both the resigning members were clear on their conditions for the return: more equitable governance rules and a better definition of “harm” . Two points that had to ignore the report, this finding to evolve right according to the wishes of the minister, and assigns. However, a solution was finally found in late August with the designation in the Official Journal of the new member of the commission.

Note then this important question that was asked by the Council of State. It is the possibility for a national court to keep alive an administrative decision deemed incompatible with European law. If the question does not directly concern the private copy area, it could have significant effects. Many times, the State Council has indeed canceled the scales for European annoyance, without requiring the heels persons entitled to repay. A nice gift worth several hundred million …

Psychodrama Piracy the dismissal of Eric Walter

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