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Category: Digital

Some facts about regulation on portability of online content services in EU

The aim is to ensure that Europeans who buy or subscribe to films, sports broadcasts, music, e-books and games in their home Member State are able to access this content when they travel or stay temporarily in another EU country. The Regulation comes into force on 1 April 2018 in all EU Member States.

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Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet

While online marketplaces are strong drivers of innovation and growth as they offer new business opportunities, they are also increasingly used as a distribution channel for counterfeit and pirated goods. To prevent the sale of counterfeit goods online, the Commission invited internet platforms, rights owners and associations to sign a Memorandum of Understanding on the Sale of Counterfeit Goods via the internet (‘MoU’).

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SWD IA on EU copyright modernisation – Impacts of first option on availability of EU AV on VOD

Stakeholders’ dialogue focusing on licensing issues and aiming at improving the proportion of EU audiovisual works available on VoD platforms

Having a platform to meet and discuss licensing issues preventing availability of EU AV works on VoD platforms (e.g. exclusivity issues; release windows), at European level, could contribute to reach agreements (self-regulatory measures) for a more sustained exploitation of EU works, which would benefit all stakeholders involved. However, chances of reaching concrete agreements would depend on the willingness of the stakeholders to engage in constructive discussions and to take commitments.

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Amendments to regulation on geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment

In many cases, divergent legal environments, the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws, taxation and fiscal issues, delivery costs or language requirements contribute to the traders’ unwillingness to engage in commercial relations with consumers from other Member States. In other cases some traders are fragmenting the market in order to increase consumer prices.

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Online news aggregation and neighbouring rights for news publishers – copyright economy

The civil law tradition seeks to obtain remuneration for all digital reproductions that are publicly available, subject to some exceptions that are justified by transaction costs. Lawyers and courts are struggling to bring these new technologies in line with that right or design extensions and modifications of copyright law to bring them into the fold of that remuneration right.

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Some points of EU recommendation on media pluralism and transparency of media ownership

The activities of intermediaries differ from those of traditional media outlets in respect of the provision of news. However, the wide scope of information they distribute, their wide audience reach and their potential for highly targeted advertising have contributed to a shift of advertising and marketing revenues towards the internet. These trends challenge the traditional media business models and contribute to an increase in media consolidation and convergence.

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How goes implementation of VPN law in Russia?

Not so long time ago it was adopted a new law on VPN services in Russia. This law obliges VPN services to restrict access to web-sites blocked in Russia. Otherwise the VPN services can be blocked itself in Russia. How this law is implemented in Russia? What has been changed more than three months after adoption of this law? Almost nothing. Roskomnadzor has another instrument to regulate the internet in Russia.

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SWD IA on EU copyright modernisation – Impacts of baseline on availability of EU AV on VOD

The limited availability of EU AV works on VoD platforms is expected to persist under the baseline option. The maturity of the VoD market in terms of revenues has not been reached yet. In the absence of any intervention at EU level, contractual blockages are likely to persist. In many cases, the licensing process for EU AV works would remain burdensome.

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According to Roskomnadzor Russian ISPs illegally restrict access to web-sites

Russian Internet Service Providers (ISPs) sometimes restrict access to law-abiding web-sites just because they aim to avoid penalties for non-compliance with Roskomnadzor’s order. Russian authority, supervising internet, Roskomnadzor calls such practice “excessive blocking of web-site in internet”. Sometimes web-sites of banks and retailers fall under restriction of access. Such restriction can cause damages.

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Russian ministry of culture proposed to block pirate web-site permanently without court order and any evidence

A new draft law, developed by Russian ministry of culture (MinCult), contains amendments to Russian law on information, its protection and informational technologies, aiming to simplify and streamline restriction of access to pirate web-sites and their mirrors. But there is one little detail.

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