How can Software Interoperability be achieved under European Competition Law and Related Regimes?

by | Feb 5, 2014 | News from around the Web

From Antitrust & Competition Policy Blog: How can Software Interoperability be achieved under European Competition Law and Related Regimes? “Inge Graef, Radboud University asks How can Software Interoperability be achieved under European Competition Law and Related Regimes? ABSTRACT: While software interoperability can be achieved under European competition law, there may be a need for more structural measures. Some...

Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior

by | Feb 5, 2014 | News from around the Web

From Antitrust & Competition Policy Blog: Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior “Harry First (NYU) explains Bork and Microsoft: Why Bork Was Right and What We Learn About Judging Exclusionary Behavior. ABSTRACT:In 1998, twenty years after publishing The Antitrust Paradox, Robert Bork wrote: “The antitrust case brought by the Department of...

PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION

by | Jan 28, 2014 | News from around the Web

From Antitrust & Competition Policy Blog: PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION “Henry Smith (Harvard) has written on PROPERTY AS PLATFORM: COORDINATING STANDARDS FOR TECHNOLOGICAL INNOVATION. ABSTRACT: This article examines the coordination of inputs to the development and use of technology as a problem in the theory of property. Recent misunderstanding...

BREAKING NEWS: CJEU says that circumventing a protection system may be lawful (sometimes)

by | Jan 27, 2014 | News from around the Web

From The IPKat: BREAKING NEWS: CJEU says that circumventing a protection system may be lawful (sometimes) “ Technological protection measures jokes are simply the best Probably there are just a few topics of conversation that are more charming and successful than videogames and technological protection measures. This said, today the Court of Justice of the European Union (CJEU) comes in your help with new conversation hints, by releasing its much-awaited judgment [UPDATE @11:05: the full judgment is now available here] in Case C-355/12 Nintendo. This was a reference for a preliminary ruling from Italy seeking clarification as to the following: 1.    Must Article 6 of Directive 2001/29/EC be interpreted, including in the light of recital 48 in the preamble thereto, as meaning that the protection of technological protection measures attaching to copyright protected works or other subject matter may also extend to a system, produced and marketed by the same undertaking, in which a device is installed in the hardware which is capable of recognising on a separate housing mechanism containing the protected works (video games produced by the same undertaking as well as by third parties, proprietors of the protected works) a recognition code, in the absence of which the works in question cannot be visualised or used in conjunction with that system, the equipment in question thus incorporating a system which precludes interoperability with complementary equipment or products other than those of the undertaking which produces the system itself? 2.    If it should be necessary to consider whether or not the use of a product or component to circumvent a technological protection measure predominates over other commercially significant purposes or uses,...