Copyright enforcement by private third parties – does it work uniformly across the EU? Since the inception of Napster, home copying of digital files has taken a flight. The first providers of software or infrastructure for the illegal exchange of files were held contributory or vicariously liable for copyright infringement. In response, they quickly diluted the chain of liability to such an extent that neither the software producers, nor the service providers could be held liable. Moving further down the communication chain, the rights holders are now requiring Internet Service Providers (ISPs) that provide access to end customers to help them with the enforcement of their rights. This article discusses case-law regarding the enforcement of copyright by Internet Access Providers throughout Europe. At first glance, copyright enforcement has been harmonised by means of a number of directives, and article 8(3) of the Copyright Directive (2001/29/EC) regulates that EU Member States must ensure the position of rights holders with regard to injunctions against ISPs. Problem solved? Case law from Denmark, Ireland, Belgium, Norway, England, The Netherlands, Austria and the Court of Justice of the EU was studied. In addition, the legal practice in Germany was examined. The period of time covered by case law is from 2003 to 2013, the case law gives insight into the differences that still exist after the implementation of the directive.
DOCUMENT
Objectives: To cross-validate the existing peak rate of oxygen consumption (VO2peak) prediction equations in Dutch law enforcement officers and to determine whether these prediction equations can be used to predict VO2peak for groups and in a single individual. A further objective was to report normative absolute and relative VO2peak values of a sample of law enforcement officers in the Netherlands. Material and Methods: The peak rate of oxygen consumption (ml×kg–1×min–1) was measured using a maximal incremental bicycle test in 1530 subjects, including 1068 male and 461 female police officers. Validity of the prediction equations for groups was assessed by comparing predicted VO2peak with measured VO2peak using paired t-tests. For individual differences limits of agreement (LoA) were calculated. Equations were considered valid for individuals when the difference between measured and predicted VO2peak did not exceed ±1 metabolic equivalent (MET) in 95% of individuals. Results: None of the equations met the validity criterion of 95% of individuals having ±1 MET difference or less than the measured value. Limits of agreement (LoAs) were large in all predictions. At the individual level, none of the equations were valid predictors of VO2peak (ml×kg–1×min–1). Normative values for Dutch law enforcement officers were presented. Conclusions: Substantial differences between measured and predicted VO2peak (ml×kg–1×min–1) were found. Most tested equations were invalid predictors of VO2peak at group level and all were invalid at individual levels.
DOCUMENT
ABSTRACT. It is now generally accepted that the quality of the regulatory arrangements should be appraised not only by looking at the institutional design, but also by evaluating the factual enforcement and implementation of regulations. It is therefore advised that national governments take a more active stance in supervising the regulatory enforcement by different regulatory agencies. However, in some cases, government’s activism might be an impeding factor in regulatory enforcement. That this is not so crazy idea shows the analysis of the regulatory enforcement by Lithuanian Competition Authority in the area of competition policy during the years of integration to the European Union. For example, not only political and financial independence of the Competition Authority was difficult to establish, but also functions and competences of the regulatory agency were changed a number of times, which hampered the effectiveness of the agency’s performance while enforcing the competition law. In addition to often changes of functions, also the scope of competences was changing. As a result, the variety of tasks attributed to the Lithuanian Competition Authority caused the growing overload of work, which further hindered its regulatory practice. The question is who can be blamed for that? Was it just the inexperience of the government who was seeking for the best institutional design and could not stop with redesigning the regulatory agency or was it the intentional behaviour guided by some concrete interests as a result of a regulatory capture? The analysis of the regulatory enforcement during the period of 15 years does not allow for disregarding of the second possibility.
LINK
There is a lack of interest and empirical analysis in the existing literature on composers’ relations with their publishers and the role of Collective Management Organizations (CMOs) within the system of music copyright. The purpose of this paper is to explore and understand the influence of digitization within the music industry on the copyright enforcement in the Netherlands and on rights holders and the CMOs. Also to explore and understand how their mutual relationships are affected by digitization of the music industry. A qualitative analysis was done by reviewing scientific literature, performing a documents analysis and doing open interviews. In the existing economics of copyright literature, the main focus is set on transaction costs, efficiency and welfare topics. The findings can be used to understand and model how rights holders and CMOs cope with the digitization and contribute to the policy makers and economic actor’s discussion about future improvement of the copyright enforcement system.
LINK
According to Zillmann (2000) viewers function as “untiring moral monitors”; relentlessly coming to moral judgments about the actions and motives of protagonists and antagonists. How does this “moral monitoring” apply to morally ambiguous crime TV drama that features unlawful protagonists? The current exploratory study is based on qualitative interviews (N = 3 × 20) that aimed to provide insight in the grounds of moral evaluations of three selected episodes of mobster drama series The Sopranos. Viewers of three distinctive moral subcultures (i.e., prisoners, law enforcement agents, and civilians) were interviewed. The results revealed that the majority of prisoners and law enforcement agents grounded their moral evaluations mostly in their professional opinions and experiences, and came to fairly strict, yet different moral evaluations. In contrast, most of the civilians had a more “lenient” association with narratives and characters. Civilians generally based their evaluations on the morally ambiguous story world, and therefore showcased more nuances in their moral judgments.
LINK
As urban environments increasingly adopt automated technologies for municipal enforcement, this paper interrogates the erosion of human judgment, discretion, and interaction in public space governance. Drawing on participatory design workshops within the “Human Values for Smarter Cities” project, the authors explore how automation—exemplified by license plate scan cars—amplifies efficiency while marginalizing ambiguity, context, and citizen voice. Through grounded case studies, the essay reveals how automation can produce unintended injustices by failing to accommodate lived realities and interpretative nuance. The paper proposes speculative redesigns aimed at reintroducing “human inefficiency” into automated systems, advocating for real-time interaction, interpretability, and civic negotiation. Situating their critique within broader debates on trust, control, and the human scale, the authors argue for a shift from technocratic solutionism toward relational urban technologies. Ultimately, the work contributes to civic technology discourse by outlining design principles that foreground empathy, discretion, and participatory governance in the age of the smart city.
MULTIFILE
The dark web is creating difficulties for traditional policing. Previous studies have focused on users, but very little is known about law enforcement dealing with the core challenge of Anonymity Communication Networks: absent and anonymous suspects whose locations and identities are effectively hidden behind encryption. Based on 14 interviews with Dutch police officers and public prosecutors, enriched with a media analysis of 45 Dutch newspaper articles, we come to a model of Dutch law enforcement dealing with Tor cases. We observe that the police are adapting to the new reality of Tor use. However, they still work within their set framework which does not always match the needs for policing Tor cases. We additionally note a more prominent place for the strategy of disruption which may create the need for additional legal grounds.
DOCUMENT
This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
MULTIFILE
This article examines the network structure, criminal cooperation, and external interactions of cybercriminal networks. Its contribution is empirical and inductive. The core of this study involved carrying out 10 case analyses on closed cybercrime investigations – all with financial motivations on the part of the offenders - in the UK and beyond. Each analysis involved investigator interview and access to unpublished law enforcement files. The comparison of these cases resulted in a wide range of findings on these cybercriminal networks, including: a common division between the scam/attack components and the money components; the presence of offline/local elements; a broad, and sometimes blurred, spectrum of cybercriminal behaviour and organisation. An overarching theme across the cases that we observe is that cybercriminal business models are relatively stable.
DOCUMENT
