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The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity.
The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: • Social media and the criminal law; • The impact of the decision in Google Spain and the ‘right to be forgotten’; • The Schrems case and the demise of the Safe Harbour agreement; • The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; • The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.
The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Seasoned professionals examine essential licensing issues Licensing in Libraries: Practical and Ethical Aspects is designed to help librarians, publishers, students, and professionals in library licensing stay at the forefront of this rapidly evolving field. Experienced professionals present state-of-the-art information on licensing issues, including interlibrary loan contract management, end-user education, pricing models for electronic materials, copyright, public domain issues, e-books, consortial licensing, licensing software, and legal aspects of licensing, as well as an important historical perspective on the development of the field. Licensing in Libraries provides publishers with important considerations that impact their roles as vendors of licensed products. Licensing professionals can update their knowledge with a close look at the controversial issues surrounding licensing special collections, digital rights management, and producers’ concerns about content. The book also looks at the role of the Copyright Clearance Center regarding compliance in the electronic environment. Licensing in Libraries examines: licensing from both a vendor and consumer perspective software to help manage licenses factors for vendors to consider when deciding on pricing models current information on the more complex levels of licensing the developing world of e-book licensing licensing laws of concern to librarians the impact that licensing has on library services educating patrons about products they will use
Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.