Wednesday, December 20, 2006

the code is the law

I am still not entirely convinced that the 'code is the law' but code v2 by Lawrence Lessig definitely 'rules'. Code v2 is a sort of a collective update (through a wiki) of Lessig's original 'Code and Other Laws of Cyberspace', which was published in 1999.
The book is downloadable here and it can be construed (in terms of creation, copyright protection (under the creative commons), etc.) as the very epitome of web 2.0 in an academic context.

Friday, December 08, 2006

new important reports on IPRs

There is an excellent new report by Urs Gasser and Silke Ernst. It provides some recommendations on the implementation of the EU Copyright Directive (EUCD) into the national copyright frameworks of accession and candidate countries. The study focuses on digital copyright and includes specific recommendations in crucial areas, such as DRM anti-circumvention, private copying exceptions, teaching exceptions, exceptions for archives and libraries, as well as recommendations on reporting on current events and the quotation right.
Another study of importance in view of the forthcoming review of the European copyright regulatory framework is the Gowers Review of Intellectual Property. It was commissioned by the UK Chancellor of the Exchequer in December 2005 and has been published recently (Dec. 6).
The Gowers Review examines the existing IPR instruments, i.e. patents, copyright, designs and trade marks, and whether they are balanced, coherent and flexible. It sets out a number of targeted, practical recommendations to deliver a robust IP framework fit for the digital age. The principle recommendations of the Review are aimed at: (i) tackling IP crime and ensuring that rights are properly enforced; (ii) reducing the costs and complexity of the system; and (iii) reforming copyright law to allow individuals and institutions to use content in ways consistent with the digital age.

another paper

As part of my thesis work, I have long been considering what the appropriate objectives for communications regulation in a digital networked environment should look like, and how they interplay with each other.
It seemed to me that goal evaluation as an essential element of the process of designing regulatory frameworks has often been ignored by lawyers and legal scholars. The paper stresses the importance of pinpointing the precise regulatory objectives in the fluid environment of electronic communications, since, due to their technological and economic development, they have become the vital basis for communication and distribution of information in modern societies. The paper attempts an analysis of the underlying regulatory objectives in contemporary communications and seeks to put together the complex puzzle of economic and societal issues.

Here is a slightly edited and updated version of my paper. Comments are most welcome.