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Thomas Dreier, Tiziana Andina - Digital Ethics

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Thomas Dreier (ed.), Tiziana Andina (ed.)

Digital Ethics

Series: Bild und Recht - Studien zur Regulierung des Visuellen

Volume 11 2022

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Thomas Dreier, Tiziana Andina Chapter 1 Images, Technology, Ethics and Law – An Intricate Relationship S. 11-36

„… law.e)Chapter 1 Images, Technology, Ethics and Law – An Intricate Relationship33In the first of these …” „… any time b)Chapter 1 Images, Technology, Ethics and Law – An Intricate Relationship13has taken on …” „… (2018).Chapter 1 Images, Technology, Ethics and Law – An Intricate Relationship15recording device, but …”

Thomas Dreier Chapter 17 The Deontic Power of the Internet – Access Controls and the Obsolescence of Legal Norms S. 297-322

„… this is not all that can be said about the relationship between digital technology and the law …” „… relationship between law and technology.To avoid falling into an abstract discussion of the two or even, three …” „… law. In the second example, filtering technology used by content sharing platforms might prevent the …”

About the authors S. 417-426

„… the Karlsruhe Institute of Technology (KIT). After her studies in Law and German Language and …” „… , Information Technology and Electronic Commerce Law (JIPITEC). He also is co-editor of the series of monographs …” „… Economic Law at the Karlsruhe Institute of Technology (KIT).Maurizio Ferraris is Full Professor of …”

Olivia Hägle Chapter 12 From Copy & Paste to Deep Fakes – Digital Collaging and Image Manipulation S. 207-228

„… , nor reasonable to regulate deep fakes extensively by using the strict measures of law and technology …” „… , and Teaching of Law’, 12 Boston University Journal of Science and Technology (2006) 227–270Siarohin …” „… with the deep fake technology, it is now possible to transfer facial expressions and gestures from one …”

Gianmaria Ajani Chapter 15 Human Authorship and Art Created by Artificial Intelligence – Where Do We Stand? S. 253-270

„… upgrade in technology, as it affects the core of the relationship between art and law: authorship and …” „… Stanford Technology Law Review (2012) 1–28 (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1888622 …” „… “autonomously computer-generated”.AI-Made Art and the LawLet us assume, then, that an oeuvre is produced via an …”

Lisa Käde Chapter 19 The Issue of the Image of Algorithms S. 335-354

„… throughout EU member states, the latter needs to be implemented by national law.AlgorithmThe term “algorithm …” „… Impressive examples are available at https://www.theguardian.com/technology/2020/sep/21 …” „… https://blog.twitter.com/en_us/topics/product/2020/transparency-image-cropping.4 See, e.g., https://www.bbc.com/news/technology-33347866.5 The …”

Titelei/Inhaltsverzeichnis S. 1-8

„… – Some Introductory RemarksPart 1Images, Technology, Ethics and Law – An Intricate RelationshipChapter …” „… Images by Copyright LawChapter 21387Christophe GeigerAbout the authors 417Table of Contents7 …” „… of the German Copyright Law where copies are made for other than private use a fee is payable to …”

Eberhard Ortland Chapter 18 Algorithmic Censorship of Online Visual Content – Ethical, Political, and Economic Rationales S. 323-334

„… Enforcement’, 20 Illinois Journal of Law, Technology & Policy, No. 2 (2020) 283–323 (online available at …” „… Integrity’, 3 Journal of Law, Technology and Public Policy (2015) 54–159Steinhauer, Eric (forthcoming …” „… University Law Review (2020) 299–328 (online available at https://ecollections.law.fiu.edu/lawreview/vol14 …”

Massimo Leone Chapter 11 Semioethics of the Visual Fake S. 187-206

„… Visual Fake, Technology, and EvolutionIt follows that the motivation of images is inevitably impacted by …” „… the evolution of technology. Today a prehistoric cave painting of a buffalo is still considered quite …” „… primitive art, not as a realistic representation. The reason is simple: image technology has evolved. Cave …”

Christophe Geiger Chapter 21 Contemporary Art on Trial – The Fundamental Right to Free Artistic Expression and the Regulation of the Use of Images by Copyright Law S. 387-416

„… Entertainment and Technology Law (2010) 515–548Geiger, Christophe (2012): ‘Fundamental Rights as Common …” „… Regulation of the Use of Images by Copyright LawChristophe Geiger*Copyright, Appropriation Art and Artistic …” „… law.Fundamental Rights and the CJEUWhereas in the beginning, the CJEU largely left the national Member States to …”

Benjamin Raue Chapter 13 The Multi-Layered Information in a Digital Image S. 229-238

„… ’, 4 Journal of Intellectual Property, Information Technology and E-Commerce Law (2013) 66–67Fisher …” „… (2012): ‘Reflections on the Hope Poster Case’, 25 Harvard Journal of Law and Technology (2012) 244–338 …” „… (online available at http://jolt.law.harvard.edu/articles/pdf/v25/25HarvJLTech243.pdf)Lessig, Lawrence …”

Wybo Houkes Chapter 16 A Face in the Cloud? – Identifying Moral Issues and Constraints in Cloud-Based Image Storage S. 273-296

„… Part 5Technology, Ethics and Legal NormsChapter 16A Face in the Cloud? – Identifying Moral Issues …” „… user-friendliness or effective-ness of the technology), a business perspective (focusing on commercial viability …” „… came with a now outdated technology. Thus, the constraints discussed in this section do more than …”

Johannes Eichenhofer Chapter 20 The Constitutional Protection of Images S. 357-386

„… lawState symbolsThe law of state organization, also regarded as an ensemble of norms for the …” „… constitutional law.Chapter 20 The Constitutional Protection of Images363which are the subject of separate …” „… images is not an easy task. To be honest, constitutional law scholarship has not come very far in this …”

Tiziana Andina Chapter 9 Towards a New Ethic: Building Transgenerationality – Digital Images to Orient the Future S. 159-170

„… painters, or captured by photographs? The medium, i.e., digital technology, certainly does make a …” „… significant difference. A photographic image created using digital technology has many uses. It can be …” „… of Unborn and Future Generations: Law, Environmental Harm and the Right to Health (London/Sterling …”

Maurizio Ferraris Chapter 5 Who Cares About Privacy? – The Documedia Surplus Value S. 81-100

„… the two great components of the world, souls and mechanisms, life and technology.Let’s start from a …” „… an example, an Austrian law student, resorting to a European law, has asked Facebook for all the …” „… . In terms of quantity, post-truth is favoured by technology. There is a ceaseless production of …”

Reinold Schmücker Chapter 3 Digital Image Ethics – How it Could be Pursued and What It Might Have to Say S. 49-74

„… ethics, it is only suitable for non-ordinary, especially scientific and law-political contexts of moral …” „… like to make two comments about the terminology used in this chapter. In the law of English-speaking …” „… creators of original works which are generally recognised in civil law and differ from the economic rights …”

Lorenz Müller-Tamm Chapter 14 Portrait or Personal Data – The Rivalry of Image and Data Protection Legislation S. 239-252

„… LawGerman law protects the right to one’s own image with a specific parliamentary act, the …” „… damage claims.13Images in the scope of European data protection lawThe central regulatory subject matter …” „… legislative intervention.47Concluding Remarks: The Future of Image Protection LawThe analysis of legal …”

doi.org/10.5771/9783748934011

Theresa Payton, Ted Claypoole - Privacy in the Age of Big Data

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Theresa Payton, Ted Claypoole

Privacy in the Age of Big Data

2023

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1 The Intersection of Privacy, Law, and Technology S. 7-26

doi.org/10.5771/9781538167830

Eric Hilgendorf, Uwe Seidel - Robotics, Autonomics, and the Law

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Eric Hilgendorf (ed.), Uwe Seidel (ed.)

Robotics, Autonomics, and the Law

Series: Robotik, Künstliche Intelligenz und Recht

Volume 14 2017

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Xiaoyan Huang Technology Law in China: Computer Hacking, Cloud Computing and Robotics as Examples S. 109-128

„… Technology Law in China: Computer Hacking, Cloud Computing and Robotics as Examples Xiaoyan Huang …” „… , University of Würzburg Introduction: The Relationship between Technology and Law In his book High-tech …” „… proper relationship should be between law and technology has become so important. The relationship …”

Kristen Thomasen Flying Between the Lines: Drone Laws and the (Re)Production of Public Spaces S. 205-226

„… popularity, drone technology will increasingly operate at a challenging nexus of law and space, as the laws …” „… dimensions of drone technology about which Law and Geography might provide helpful future insights. See for …” „… domestic use and regulation of drone technology, Law and Geography scholarship has also interrogated …”

Minkyu Kim New Legislation and the Reform of the Rules on Robots in Korea S. 129-150

„… way forward for legislation in the field of robot technology. A. * Minkyu Kim studied law at Hanyang …” „… technology law and robotics and law. 1 The Korean Trade, Industry and Energy Ministry (ed.), Research on the …” „… relating to robot law was then revised to speed up the introduction of the new technology. In terms of …”

Titelei/Inhaltsverzeichnis S. 1-10

„… .) Robotics, Autonomics, and the Law Legal issues arising from the AUTONOMICS for Industry 4.0 Technology …” „… , Autonomics, and the Law Legal issues arising from the AUTONOMICS for Industry 4.0 Technology Programme of …” „… Matters 27 Amedeo Santosuosso/Barbara Bottalico Robots in American Law 59 Ryan Calo Technology Law in …”

Uwe Seidel Industry 4.0 and Law – Experiences from AUTONOMICS S. 11-26

„… highest possible degree of optimisation, but are insufficiently covered by current technology law …” „… detected once the damage has been done. Particularly in technology law, conduct that may have been …” „… potential to compete on the international market. Thus, non-lawyers, not least developers of technology …”

Eric Hilgendorf Automated Driving and the Law S. 171-194

„… technology-friendly construction of the current applicable law. But one should also consider what the law should be …” „… it to the new reality and possibilities offered by technology. For example, it could rescind the law …” „… interpret existing law in a technology-friendly way from the German Constitution. The legislature is …”

Ryan Calo Robots in American Law S. 59-108

„… century of case law involving robots— just in time for the technology itself to enter the mainstream. Most …” „… increasingly important technology. Themes and questions emerge that illuminate the path of robotics law and …” „… rights at maritime law.123 Columbus-America Discovery Group made use of some very new technology for the …”

Amedeo Santosuosso, Barbara Bottalico Autonomous Systems and the Law: Why Intelligence Matters S. 27-58

„… is made through a multifaceted law-making process involving various lawmakers at various different …” „… , Goodenough, Tomasi, The Challenge in innovation in law. The Impact of Technology and science on legal studies …” „… Challenge in Innovation in Law. The Impact of Technology and Science on Legal Studies and Practise, Pavia …”

Takayuki Matsuo The Current Status of Japanese Robotics Law: Focusing on Automated Vehicles S. 151-170

„… necessary for Law Reforms in Order to Tackle with New Information Technology?”, 89 (7) Journal of Law …” „… (2013). 26 Akihiro ONAGI, “Times of Scientific Technology and the Form of Criminal Law: The Advocacy of …” „… Operation (kogatakito-anzen-unko) 2 (2016). Daisuke NAKABAYASHI, “Laws on Amendment of Civil Aeronautics Law …”

Berthold Haustein Data Law in Business and Industry – A First Glance at a Problematic Relationship S. 253-267

„… lawful in very exceptional cases under German data protection law, thus.33 Allowing for the author’s …” „… Data Law in Business and Industry – A First Glance at a Problematic Relationship Berthold Haustein …” „… protection law are becoming more and more important. With the increasing networking of everything with …”

Susanne Beck Google Cars, Software Agents, Autonomous Weapons Systems – New Challenges for Criminal Law? S. 227-252

„… Google Cars, Software Agents, Autonomous Weapons Systems – New Challenges for Criminal Law? Susanne …” „… cannot and must not be free of the rule of law. It is not just the fact that free access to information …” „… protection of the law; also, some spheres of communication need protection against outside intervention, some …”

doi.org/10.5771/9783845284651

Dariusz Szostek, Mariusz Załucki - Legal Tech

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Dariusz Szostek (ed.), Mariusz Załucki (ed.)

Legal Tech

2021

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Maria Dymitruk Borderlands of the Law and Technology: from Digital Machines to LegalTech S. 67-80

„… Borderlands of the Law and Technology: from Digital Machines to LegalTech Maria Dymitruk …” „… borderlands of the law and technology has become an area of interest of many scholars, rekindling bold images …” „… deliberations on the influence of technology on the law, one could present LegalTech. This is because that is …”

Agnieszka Kubiak-Cyrul, Dariusz Szostek Smart Contracts, Blockchain and Distributed Ledger Technology (DLT) in the Work of a Lawyer S. 267-286

„… Smart Contracts, Blockchain and Distributed Ledger Technology (DLT) in the Work of a Lawyer1 …” „… innovative, is its application in a law firm and its adaptation to the needs of lawyers. Blockchain has been …” „… associations are reaching for that technology eg notaries28, and other lawyers as well, inter alia in the scope …”

Dariusz Szostek The Concept of Legal Technology (LegalTech) and Legal Engineering S. 19-28

„… technologies on the law, lawyers and their services did not use the term “Legal Technology”, for it was not …” „… ’ technology#cite_note-LawTechToday-3>, accessed 18 November 2020. 9 …” „… . Technology and engineering, codes included, interact ever more boldly with the law through a complex system …”

Bibliography S. 629-673

„… Replace Lawyers—It Will Free Them’ (Law Technology Today 27 February 2018); Oñate S and Haissiner M …” „… Contemporary Way’ (2007) 1 Masaryk University Journal of Law and Technology; Barraclough T, Fraser H and Barnes …” „… brief history of legal information retrieval′ (2010), 1 European Journal of Law and Technology; Black H …”

Tomasz Zalewski Basic Principles for the Effective Use of Legal Tech Tools S. 315-332

„… in the technology used, is particularly pronounced. Therefore, law firms offering such soluti- Tomasz …” „… with the technology provider. As a result, a law firm implementing such solutions usually starts to …” „… participation of a law firm. The development of technology and the emergence of a favourable climate for …”

Tomasz Grzegory, Janos Puskas Legal Tech - Bringing Law into the “Twentieth” Century S. 81-98

„… , ‘Artificial Intelligence Won’t Replace Lawyers—It Will Free Them’ (Law Technology Today 27 February 2018). 55 …” „… Technology Law. Tomasz Grzegory, Janos Puskas 90 to be used as evidence as part of a legal case.34 Data of …” „… of law and technology.55 In order to successfully cope with new challenges in the legal industry …”

Gabriela Wiktorzak AI In Law Firms S. 347-360

„… .law.com/contrib/content/uploads/documents/397/5408/lawgeex.pdf> accessed 30 November 2020. 10 ibid. 11 See biographical note …” „… Wang systems entry into the market was a breakthrough for large law firms, because this new technology …” „… . 2 See: Rob Hosier, ‘Evolution of the Law Firm: Why Clients Demand that You Embrace New Technology …”

About the authors S. 617-628

„… technology on law and justice. She is the author of scientific publications and a speaker at national and …” „… , including digital accessibility. Alumni of the Warsaw University of Technology, international law firms and …” „… SCC Arbitration Institute in Stockholm. Expertise in litigation, arbitration, new technology law and …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Wyczik Borderlands of the Law and Technology: from Digital Machines to LegalTech 67 Maria Dymitruk Legal …” „… Algorithmic Legal Reasoning and Law-Making Computational Legal Problem Solving. What can Legal Tech Learn from …” „… Polanski LegalTech in Law Firms and the Work of In-house Lawyers 179 Iga Kurowska, Kamil Szpyt …”

Rafał Prabucki, Rafał Skibicki, Dariusz Szostek, Jakub Wyczik Algorithmisation and Tokenisation of Law S. 29-66

„… policy rules through technology’ (1998) 76 Texas Law Review 553. 29 G. Wood3 to regulate the law on …” „… real implementation of crypto-law is related to the development of blockchain technology. As an example …” „… mismatch because the law is also not adjusted to the technology mentioned above. Moreover, the law is …”

Maddalena Castellani China S. 503-520

„… China Maddalena Castellani LegalTech used in the country: courts, law firms, arbitration Due to the …” „… can use artificial intelligence technology to draft judgements. The first case filed with the Court …” „… was not Compatible with the Rules of the Litigation Law. The rules for the regulation of the process …”

Introduction S. 11-14

„… of lawyers. It was the law and lawyers who regulated technology and indicated the directions of …” „… , resulting in the equalization of law and technology, and thus the influence of lawyers on engineers …” „… ” of law, engineering, information technology and technology have come together in everyday life …”

Iga Kurowska, Kamil Szpyt LegalTech in Law Firms and the Work of In-house Lawyers S. 179-194

„… intellectual property in which law firms are currently involved. It is possible to use this technology to …” „… technology has been enabled by law gradually in 2017 and 2019 - Ordonnance n° 2017-1674 du 8 décembre 2017 …” „… LegalTech in Law Firms and the Work of In-house Lawyers Iga Kurowska, Kamil Szpyt Introduction Law …”

Ewa Fabian, Przemyslaw Polanski The Changing Role of the Lawyer. The Case of Digital Accessibility. S. 165-178

„… provisions of law. Assistive technology - a new weapon in the LegalTech lawyer's arsenal? Testing digital …” „… available to a technology lawyer. These tools allow, for example, to automatically assess the compliance of …” „… of new tools in the arsenal of a technology lawyer, such as NVDA. Tools such as these make it …”

Wojciech Cyrul Computer Aided Legislation S. 129-140

„… law-sharing processes brought about by information technology (IT) requires interdisciplinary research. The …” „… in electronic format. The role of information technology in the creation and sharing of law was …” „… Journal of Law and Technology 355. Computer Aided Legislation 133 for example, in Greece, Lithuania …”

Gabriela Bar Artificial Intelligence in the Law Firm of the Future S. 361-374

„… . The pioneers group also includes modern domestic law firms operating in the technology industry (with …” „… that the law does not keep up with technology, but it is equally obvious nowadays to say that the human …” „… 19 January 2021; Mark McKamey, ‘Legal Technology: Artificial Intelligence and the Future of the Law …”

Thiago Santos Rocha Brazil S. 487-502

„… ) law techs/> accessed 10 February 2021. Brazil 489 Technology (DLT), as well as …” „… PART TWO Use of Information Technology Tools in the Administration of Justice of Selected Countries …” „… democratic State of law, among which are the fundamental rights and guarantees, norms of first magnitude …”

Katarzyna Biczysko-Pudelko LegalTech and Coud Computing S. 223-250

„… Future of Law: Facing the Challenges of Information Technology was published in 1996, in which he made a …” „… considering the possibility to use cloud computing technology, a lawyer should first examine whether the laws …” „… International Legal Technology Association (ILTA), in which as many as 89 % of lawyers4 declared that they would …”

Pierpaolo Marano, Mario Zanin, Enrico Maria Scavone Italy S. 553-582

„… platforms, IT services, and software that make law firms and lawyers more efficient in performing their …” „… the law51.The lawyer can 3.1. government for the efficiency of the civil process and for the revision …” „… . Furthermore, when the law provides that notifications of acts to the lawyer are to be performed, at the …”

Tomasz Chomicki Cyber Security, Cyber Hygiene or Cyber Fiction of our Time S. 463-472

„… role of law and lawyers who will be able to work in interdisciplinary teams that understand the …” „… just one of many parameters that only gives us a slight understanding of the technology …” „… communication technology is born, which means no less than "the new Internet". The Internet, to which, according …”

Maria Dymitruk Legal Tech in the Law Enforcement Agencies S. 251-266

„… 2017) https://www.bbc.com/news/technology-40026940, accessed 08 February 2021. Legal Tech in the Law …” „… Science and Technology 70. 20 See Michael Mills, ′Artificial Intelligence in Law: the State of Play 2016 …” „… law enforcement agencies. Technology now makes it possible to process personal data29 on an …”

Mariusz Zalucki LegalTech in the Judiciary: Technological Developments and the Future of the Court System S. 387-404

„… advantage of advances in technology to enhance the rule of law’ (2017) 91 Australian Law Journal 575. 8 cf …” „… State v. Loomis’ (2016) 5 North Carolina Journal of Law & Technology 75. 28 ibid 106. 29 cf Julian …” „… China’(2017) 1 Information & Communications Technology Law 59-71. 33 cf Yadong Cui, Artificial …”

Wilfried Bernhardt Germany S. 527-542

„… encrypted platform with an integrated signature function. Law firms The lawyer can enter individualized …” „… Germany Wilfried Bernhardt LegalTech used in Germany: courts, law firms, arbitration The term …” „… , Legal Technology und Innovation (Duncker & Humblot, 2019) 59. 2 Isabelle Désirée Biallaß in Stephan …”

Michal Wódczak LegalTech in a Law Office in the context of Standardization and Autonomic Intelligence S. 375-386

„… nd edn, 2017) 134. 3 Tanel Kerikmäe and others, ‘Legal Technology for Law Firms: Determining Roadmaps …” „… , a lawyer of a given law office, being subject to exploiting specific experiences or established …” „… practices, yet different from equivalent "resources" applied by lawyers of other law offices, shall be …”

Zsolt Ződi Hungary S. 543-552

„… 545 Technology at Law Firms As I mentioned above, the legal profession is extremely fragmented and the …” „… AI4Lawyers Project (Council of Bars and Law Societies of Europe, 2021. under publication) 6., 8. I am …” „… Hungary Zsolt Ződi The Use of Legal Technology in Hungary – General Picture Introduction The …”

Sylwester Szczepanik, Michal Tabor Electronic Delivery S. 415-432

„… and legal system in which he has to practice. Also in times of strong development of technology and …” „… to select the final delivery method is much greater. Due to the development of technology, even the …” „… complicated when methods of correspondence exchange not regulated by generally applicable law are used. The …”

Anna Zalesinska, Dariusz Szostek Electronic Communication S. 433-462

„… available and sharing thereof, to Distributed Ledger Technology (DLT) and blockchain and, finally, the AI …” „… law offices, are at varying stages of digital expertise. Those range from very weak – where only the …” „… Science and Technology, 479 accessed 11 January 2021. Given that …”

Mauro Arturo Rivera León Mexico S. 587-596

„… ). Noteworthy is also “Max”, the virtual lawyer of the Fractal Abogados Law Firm (which offers automatized legal …” „… Mexico Mauro Arturo Rivera León LegalTech used in Mexico Law firms in Mexico rarely rely on …” „… advanced LegalTech. According to "Thomson Reuters 2018 Poll Opinion on Tech in Law in Mexico", 84 % of …”

Michal Tabor Self Sovereign Identity S. 407-414

„… Microsoft. For several years, work has been underway to build Self- Sovereign Identity (SSI) technology that …” „… actions in the identification process. Moreover, European Commission takes action to force law online …” „… verifiable credentials technology allows the unambiguous identification of the relationship between natural …”

Iga Kurowska France S. 521-526

„… tools' adoption is greatly dependent on the lawyer’s personal interest in the matter. Legal technology …” „… Artificial Intelligence (AI). A progressive but satisfactory Legaltech adoption by French law firms When it …” „… comes to the use of Legaltech tools by the law firms, most of them, no matter the size, have been …”

Michal Araszkiewicz Computational Legal Problem Solving. What can Legal Tech Learn from AI and Law Research, and Beyond? S. 101-128

„… SECTION TWO. Towards Algorithmic Legal Reasoning and Law-Making Computational Legal Problem Solving …” „… legal culture where the evolution of case law is constrained by the stare decisis principle, lawyers may …” „… , or indications of the relevant existing case law may and should be evaluated by human lawyers who may …”

Robert Pajak Information Security in Legal Firms S. 473-484

„… Information Security in Legal Firms Robert Pająk Introduction Law firms and lawyers have been an …” „… istribution/public/documents/IT_LAW/ITL_Guides_recommendations/EN_ITL_2 0160520_CCBE_Guidance_on_Improving_the_IT_Security_of_Lawyers_Against_ Unlawful_Surveillance.pdf …” „… possession of interesting data is not the only reason. In particular, law firms are also increasingly …”

Marek Swierczynski AI and the Work of Lawyers in the Light of the Council of Europe Guidelines S. 335-346

„… Rosario Girasa, Artificial Intelligence as a Disruptive Technology. Economic Transformation and Government …” „… with AI tools occupies a central place at the interface between AI and law. Explainability is an …” „… important legal category not only in respect to data protection law, but also in case of law of obligations …”

Malgorzata Kurowska Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk Management S. 195-222

„… also be set out in a lawyer’s code of ethics or derive from the case law of commercial courts. However …” „… professional secrecy as required by law to which the lawyer is subject – particularly when the provider is …” „… individual risk factors. A lawyer, managing risk at the Law Firm, will set priorities of preventive actions …”

Malgorzata Kurowska Legal Tech vs Data in Organisation S. 287-298

„… , the processing of information by the Law Firm involves lawyer’s liability in a number of aspects. As …” „… : LawTech [cf. Susana Navas, ‘LegalTech Services and the Digital Content and Digital Services Directive’, 6 …” „… of a lawyer’s (Law Firm’s) civil liability for damages caused by the use of LegalTech tools. As it …”

Kamil Szpyt LegalTech Insurance S. 299-314

„… standard over the years that the lawyers running their own law firms have limited themselves to purchase …” „… lawyers associated in one of the indicated professional self-governments, and not to graduates of law …” „… , referring to all members of the profession as lawyers may raise some doubts, since the law allows to …”

Aleksandra Partyk Poland S. 597-614

„… operating remote court hearings Covid-19 epidemics influenced numerous changes in law, which was postulated …” „… system. The exploitation of information technology advancements makes access to courts much more …” „… termination of the lawsuit. What is more, the defendant can bring the legal existence of the order for payment …”

doi.org/10.5771/9783748922834

Alfredo Barona - Soft law in practice - assessing technology pools according to American and European antitrust law

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Alfredo Barona

Soft law in practice - assessing technology pools according to American and European antitrust law

Series: Schriften zum geistigen Eigentum und zum Wettbewerbsrecht

Volume 14 2008

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Subject of analysis S. 15-16

„… technology pools extensively by twenty-five paragraphs. Guidelines are so-called soft law, which is …” „… technology pools are concerned. Technology pools in US antitrust law in the context of the …” „… 15 Introduction A) Reasons for examination Comparing US and European antitrust law is always …”

Parameters S. 51-52

„… Landes/Posner, Economic Structure of IP Law, p. 383 f. 233 Compare para. 213(3) and (4) EC-Technology …” „… 51 of distribution, i.e. efficiency, can be one of them.228 The economic analysis of law allows a …” „… rational and conclusive approach, especially in law subjects that are so closely linked to economic …”

Legality S. 31-32

„… law.114 As far as the passage dealing with the nature of the pooled technology is concerned, the …” „… Chalmers/Hadjiemmanuil/Monti/Tomkins, European Union Law, p. 454. 114 Compare para. 212(2) EC-Technology Transfer-Guidelines. 115 …” „… achieves his ends since he gets the technology he is interested in. More than in the formal patent position …”

Criteria S. 47-50

„… reference to the nature of the pooled technology. This case law was already available at the publication …” „… pools in European competition law. The EC-Technology Transfer-Guidelines state expressis verbis that …” „… , Lizenzvertrag USA, p. 474 f.; Andewelt, Analysis of Patent Pools Under the Antitrust Laws, 53 Antitrust Law …”

Binding effect of the EC-Technology Transfer-Guidelines S. 21-23

„… 21 Part 2: Technology pools in European competition law Rules contained in guidelines are of high …” „… law which address technology pools substantially,31 the EC-Technology Transfer-Guidelines are not …” „… ‚Abbreviated law’ for full source data. 31 Para. 212(1) and para. 41(3) EC-Technology Transfer-Guidelines …”

Antitrust evaluation principle S. 43-45

„… separate regulation for the antitrust assessment of technology pools in European law. In contrast, the …” „… hardly any strict criteria or explicitly named restrictions to measure technology pools in antitrust law …” „… Antitrust Laws, Speech before the ABA Section of Antitrust Law Spring Meeting Washington, DC on April 6 …”

Legitimacy S. 32-33

„… binding effect as technology pools are only addressed by the Guidelines in European law.114 As far as the …” „… ’law-making’-process, neither in Art. 81 EC Treaty nor in the Reg. No. 1/2003. Presumably, several problems would have …” „… certainty as a basic principle of Community law,112 whereby Community law should be clear and its …”

Aim and scope of examination S. 16-17

„… the significance of technology pools in economy and antitrust law. Part 2 discusses the content of the …” „… European Guidelines as far as technology pools are concerned. Technology pools in US antitrust law in the …” „… agreement but are not compulsively linked to technology pools.9 Technology pools are a special case of a …”

Criteria S. 52-54

„… 52 b) Ambivalence of technology pools in competition The situation described under a), however …” „… , does not apply to technology pools. There is a conflict of targets. Technology pools are ambivalent in …” „… competition. The anti-competitive effects of technology pools affect product, technology and innovation …”

Reasons for examination S. 15

„… 15 Introduction A) Reasons for examination Comparing US and European antitrust law is always …” „… interesting since both systems are closely related. American law found its way into European competition law …” „… the first draft of the GWB, US antitrust law had already existed since virtually half a century.3 The …”

Legal evolution S. 42-43

„… Transfer-Guidelines are the first separate regulation for the antitrust assessment of technology pools in European law …” „… and the Antitrust Laws, Speech before the ABA Section of Antitrust Law Spring Meeting Washington, DC …” „… 42 Part 4: Comparison Comparing the EC-Technology Transfer- and US-Licensing-Guidelines with regard …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Barona, LL.M.Soft law in practice – assessing technology pools according to American and European …” „… 1: Significance of technology pools in economy and antitrust law 18 A) Application fields and …” „… pools 20 Part 2: Technology pools in European competition law 21 A) Regulation basis 21 I. Binding …”

Content S. 25-31

„… analogy of the Reg. No. 772/2004, the relevant law to assess technology pools in European competition law …” „… there is no binding effect of the EC-Technology Transfer-Guidelines, and no room for an application by …” „… is Art. 81 EC Treaty and the corresponding jurisdiction of the ECI (and the ECJ). The EC-Technology …”

Preliminary remark S. 50-51

„… Due to the existence of the Reg. No. 2659/2000, this rule is not contained in the EC-Technology …” „… Transfer-Guidelines. Establishing a threshold for intervention is of valuable avail in terms of gaining antitrust law …” „… orientation, especially as far as complex agreements like technology pools are concerned.222 Even though a …”

Critical remark S. 24-25

„… technology pools in European competition law is Art. 81 EC Treaty and the corresponding jurisdiction of the …” „… 24 this rule does not refer to technology pools.53 Finally, the inability to include technology …” „… . Critical remark The fact that technology pools were not included into an undoubtedly binding European …”

Result S. 25

„… analogy of the Reg. No. 772/2004, the relevant law to assess technology pools in European competition law …” „… there is no binding effect of the EC-Technology Transfer-Guidelines, and no room for an application by …” „… is Art. 81 EC Treaty and the corresponding jurisdiction of the ECI (and the ECJ). The EC-Technology …”

Content S. 35-40

„… applied flexibly.133 According to prevailing case law, the legal basis for the adjudication of technology …” „… restraints of trade are illegal, and is criminal law for the rest. The rule of reason treats licensing …” „… effects.135 However, an agreement is considered a violation of antitrust law without regard to potential …”

Regulation basis S. 34-35

„… 34 Part 3: Technology pools in American antitrust law Due to the case law system, it is easier and …” „… the only catalogue of rules addressing technology pools in antitrust law. The ‘Antitrust Guidelines …” „… this context,127 do not contain specific regulations on technology/patent pools. Yet the …”

Antitrust Guidelines for the Licensing of Intellectual Property S. 105-140

„… antitrust laws may seem, at first glance, wholly at odds.7However, the two bodies of law are actually …” „… , depending on the nature of the property and its status under federal or state law.The greater or lesser …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83.2.2 Technology markets …”

Application fields and economic relevance of technology pools S. 18-19

„… 18 Part 1: Significance of technology pools in economy and antitrust law A) Application fields and …” „… Antitrust Laws, 53 Antitrust Law Journal 611, 615 f. (1985). …” „… economic relevance of technology pools The application field of technology pools covers the range from …”

Intellectual property conception S. 45-46

„… of intellectual property and antitrust law is enhancing consumer welfare: intellectual property laws …” „… 45 dominant point of view in American literature.184 Case law is not quite clear in this point …” „… EC-Technology Transfer-Guidelines is not shared by the Treaty or the ECJ. The Guidelines deny a conflict between …”

Legal system S. 42

„… 42 Part 4: Comparison Comparing the EC-Technology Transfer- and US-Licensing-Guidelines with regard …” „… Guidelines are embedded into, the EC-Technology Transfer-Guidelines step out of the systematical framework …” „… guidelines, as in the case of antitrust assessment of technology pools, is a foreign matter to the European …”

Acknowledgements S. 57-62

„… Property and the Antitrust Laws, Speech before the ABA Section of Antitrust Law Spring Meeting Washington …” „… : Bechtold/Bosch/Brinker/Hirsbrunner, EG-Kartellrecht). Bowman, Ward S. Jr., Patent and Antitrust Law – A Legal and Economic Appraisal …” „… , Chicago/London 1973 (quoted: Bowman, Patent and Antitrust Law). Broder, Douglas F., A Guide to US Antitrust Law …”

Result S. 54-55

„… Guidelines refer to three different market subjects in antitrust analysis – goods, technology and innovation …” „… technology market.246 The innovation market is referred to only in exceptions247 and these exceptional cases …” „… missing. Precisely this is a typical competitive hazard of technology pools. D) Result An examination of …”

Aims S. 46-47

„… compatibility of patent and antitrust laws, Kuss, Lizenzvertrag USA, p. 419. 197 Para. 1(2) EC-Technology …” „… 46 intellectual property protection, competition law is a useful tool to reduce market barriers …” „… intellectual property and antitrust law frequently changed in the past,193 unlike the European Guidelines, the …”

Analogous application of the Reg. No. 772/2004 S. 23-24

„… 23 Guidelines were issued by the Commission without a legal basis in Community law. Besides …” „… , according to the EC-Technology Transfer-Guidelines themselves,43 they are without prejudice to the …” „… interpreted as a commitment to the non-bindingness of the EC-Technology Transfer-Guidelines. Furthermore, the …”

Affected interests S. 19-20

„… Antitrust Laws, 53 Antitrust Law Journal 611, 615 f. (1985). 20 C) Antitrust concerns about technology pools …” „… , Philips and Pioneer joined their patents on storage technology in 1998.19 Both standards have reached …” „… interests The idea behind technology pools is quite simple. It is assumed that the term derives from the oil …”

Result S. 33

„… ’law-making’-process, neither in Art. 81 EC Treaty nor in the Reg. No. 1/2003. Presumably, several problems would have …” „… provision of legality. The provision of legality is an unwritten general rule in EC law recognized by the …” „… been avoided if the block exemption had been expanded with regard to technology pools. Especially as to …”

Guidelines on the application of Article 81 of the EC Treaty to technology transfer agreements S. 63-104

„… laws to preventsales by licensees or buyers of such products incorporating the licensed technology (8 …” „… Treaty to technology transfer agreements(2004/C 101/02)(Text with EEA relevance)I. INTRODUCTION1. These …” „… guidelines set out the principles for the assessmentof technology transfer agreements under Article 81 of …”

Abbreviated law S. 11-14

„… 11 Abbreviated law A) European Community I. Regulations Council Regulation (EC) No. 17/62 of 6 …” „… of Technology Transfer Agreements, OJ L 031/2, available at …” „… categories of technology transfer agreements, OJ L 123/11, available at …”

Summary and Conclusion S. 56

„… 56 Summary and Conclusion Summarizing, the initial question, whether the EC-Technology Transfer …” „… this examination may sound old-fashioned with respect to European law. Nonetheless, one solution to …” „… concrete statements on technology pool agreements.249 What was criticized as schematic and unable to suit …”

Legality S. 40

„… intend to depict the antitrust policy of the Agencies. II. Legality In contrast to the EC-Technology …” „… economic activity’, and the American constitutional system equally demands law to be clear and …” „… ascertainable,159 the inconvenience relates to the interpretation of case law and not to the Guidelines …”

Legitimacy S. 40

„… intend to depict the antitrust policy of the Agencies. II. Legality In contrast to the EC-Technology …” „… economic activity’, and the American constitutional system equally demands law to be clear and …” „… ascertainable,159 the inconvenience relates to the interpretation of case law and not to the Guidelines …”

Result S. 40-41

„… intend to depict the antitrust policy of the Agencies. II. Legality In contrast to the EC-Technology …” „… economic activity’, and the American constitutional system equally demands law to be clear and …” „… ascertainable,159 the inconvenience relates to the interpretation of case law and not to the Guidelines …”

Antitrust concerns about technology pools S. 20

„… 20 C) Antitrust concerns about technology pools Antitrust concerns about technology pools usually …” „… gather around the same aspects. On2, a developer of streaming video technology, blamed the administrator …” „… companies to dominate a market and fix prices“. The allegations comprised that instead of pooling technology …”

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