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.
Vanuit Fontys Hogescholen wordt veel onderzoek gedaan, met name door onderzoekers van de verschillende lectoraten. Vanzelfsprekend worden er binnen deze onderzoeken veel data verzameld en verwerkt. Fontys onderschrijft het belang van zorgvuldige omgang met onderzoeksdata en vraagt daarom van onderzoekers dat zij hun Research Data Management (RDM) op orde hebben. Denk hierbij aan veilige opslag en duurzame toegankelijkheid van data. Maar ook (open access) publiceren en archiveren van onderzoeksdata maken onderdeel uit van RDM. Hoe je hier als onderzoeker invulling aan geeft kan soms best een zoektocht zijn, mede doordat nog niet iedereen even bekend is met het onderwerp RDM. Met dit boek hopen we onderzoekers binnen Fontys de belangrijkste informatie te bieden die nodig is om goed invulling te geven aan Research Data Management en daarbij ook te wijzen op de ondersteuning die op dit gebied voorhanden is.
The purpose of this paper is to discuss the insights gained by testing in a design studio a particular research-by-design strategy, focusing on the generation of innovative solutions for climate change adaptation. The strategy is based on the Design Thinking Process and has been applied in the climate adaptation design studio, which took place in 2022 at a Master of Architecture degree program in the Netherlands. The case study area was the Zernike university campus in Groningen, the Netherlands, which is situated in the verge between the city and the surrounding rural landscape, facing the urgent climate change challenges of the wider region, mainly floodings due to increased frequency of rainfalls and sea level rise. Furthermore, the area faces particular challenges, such as the increasing demand for serving additional needs, beyond the current educational and business related functions, such as (student) housing. Three indicative design research projects were selected to illustrate the tested research-by-design strategy, while systematic input has been collected from the participating students regarding the impact of this strategy on their design process. The results reveal that this strategy facilitates the iterative research-by-design process and hence offers a systematic approach to convert the threats of climate change into opportunities by unravelling the potentials of the study area, resulting in place-based, innovative and adaptive solutions.
During the coronavirus pandemic, the use of eHealth tools became increasingly demanded by patients and encouraged by the Dutch government. Yet, HBO health professionals demand clarity on what they can do, must do, and cannot do with the patients’ data when using digital healthcare provision and support. They often perceive the EU GDPR and its national application as obstacles to the use of eHealth due to strict health data processing requirements. They highlight the difficulty of keeping up with the changing rules and understanding how to apply them. Dutch initiatives to clarify the eHealth rules include the 2021 proposal of the wet Elektronische Gegevensuitwisseling in de Zorg and the establishment of eHealth information and communication platforms for healthcare practitioners. The research explores whether these initiatives serve the needs of HBO health professionals. The following questions will be explored: - Do the currently applicable rules and the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify what HBO health practitioners can do, must do, and cannot do with patients’ data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg provide better clarity on the stakeholders who may access patients’ data? Does it ensure appropriate safeguards against the unauthorized use of such data? - Does the proposed wet Elektronische Gegevensuitwisseling in de Zorg clarify the EU GDPR requirements for HBO health professionals? - Do the eHealth information and communication platforms set up for healthcare professionals provide the information that HBO professionals need on data protection and privacy requirements stemming from the EU GDPR and from national law? How could such platforms be better adjusted to the HBO professionals’ information and communication needs? Methodology: Practice-oriented legal research, semi-structured interviews and focus group discussions will be conducted. Results will be translated to solutions for HBO health professionals.
This project addresses the fundamental societal problem that encryption as a technique is available since decades, but has never been widely adopted, mostly because it is too difficult or cumbersome to use for the public at large. PGP illustrates this point well: it is difficult to set-up and use, mainly because of challenges in cryptographic key management. At the same time, the need for encryption has only been growing over the years, and has become an urgent problem with stringent requirements – for instance for electronic communication between doctors and patients – in the General Data Protection Regulation (GDPR) and with systematic mass surveillance activities of internationally operating intelligence agencies. The interdisciplinary project "Encryption for all" addresses this fundamental problem via a combination of cryptographic design and user experience design. On the cryptographic side it develops identity-based and attribute-based encryption on top of the attribute-based infrastructure provided by the existing IRMA-identity platform. Identity-based encryption (IBE) is a scientifically well-established technique, which addresses the key management problem in an elegant manner, but IBE has found limited application so far. In this project it will be developed to a practically usable level, exploiting the existing IRMA platform for identification and retrieval of private keys. Attribute-based encryption (ABE) has not reached the same level of maturity yet as IBE, and will be a topic of further research in this project, since it opens up attractive new applications: like a teacher encrypting for her students only, or a company encrypting for all employees with a certain role in the company. On the user experience design side, efforts will be focused on making these encryption techniques really usable (i.e., easy to use, effective, efficient, error resistant) for everyone (e.g., also for people with disabilities or limited digital skills). To do so, an iterative, human-centred and inclusive design approach will be adopted. On a fundamental level, scientific questions will be addressed, such as how to promote the use of security and privacy-enhancing technologies through design, and whether and how usability and accessibility affect the acceptance and use of encryption tools. Here, theories of nudging and boosting and the unified theory of technology acceptance and use (known as UTAUT) will serve as a theoretical basis. On a more applied level, standards like ISO 9241-11 on usability and ISO 9241-220 on the human-centred design process will serve as a guideline. Amongst others, interface designs will be developed and focus groups, participatory design sessions, expert reviews and usability evaluations with potential users of various ages and backgrounds will be conducted, in a user experience and observation laboratory available at HAN University of Applied Sciences. In addition to meeting usability goals, ensuring that the developed encryption techniques also meet national and international accessibility standards will be a particular point of focus. With respect to usability and accessibility, the project will build on the (limited) usability design experiences with the mobile IRMA application.
Human kind has a major impact on the state of life on Earth, mainly caused by habitat destruction, fragmentation and pollution related to agricultural land use and industrialization. Biodiversity is dominated by insects (~50%). Insects are vital for ecosystems through ecosystem engineering and controlling properties, such as soil formation and nutrient cycling, pollination, and in food webs as prey or controlling predator or parasite. Reducing insect diversity reduces resilience of ecosystems and increases risks of non-performance in soil fertility, pollination and pest suppression. Insects are under threat. Worldwide 41 % of insect species are in decline, 33% species threatened with extinction, and a co-occurring insect biomass loss of 2.5% per year. In Germany, insect biomass in natural areas surrounded by agriculture was reduced by 76% in 27 years. Nature inclusive agriculture and agri-environmental schemes aim to mitigate these kinds of effects. Protection measures need success indicators. Insects are excellent for biodiversity assessments, even with small landscape adaptations. Measuring insect biodiversity however is not easy. We aim to use new automated recognition techniques by machine learning with neural networks, to produce algorithms for fast and insightful insect diversity indexes. Biodiversity can be measured by indicative species (groups). We use three groups: 1) Carabid beetles (are top predators); 2) Moths (relation with host plants); 3) Flying insects (multiple functions in ecosystems, e.g. parasitism). The project wants to design user-friendly farmer/citizen science biodiversity measurements with machine learning, and use these in comparative research in 3 real life cases as proof of concept: 1) effects of agriculture on insects in hedgerows, 2) effects of different commercial crop production systems on insects, 3) effects of flower richness in crops and grassland on insects, all measured with natural reference situations
