Revisiting country of origin principle: Challenges related to regulating e-commerce in the European Union

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.     

Rethinking the notion of hosting in the aftermath of Delfi: Shifting from liability to responsibility?

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being passive turned out to be the key precondition for immunity under safe harbour provisions. Yet, after the Delfi ruling the legal landscape has changed radically. Although the judgment of the Strasbourg tribunal has been dismissed in some jurisdictions as an error or one-off case, the truth is that it took into account acquis communautaire and imposed liability on the news portal, which followed the guidelines of Google France and eBay rulings. Given the lack of predictability of the current legal framework, the aim of this contribution is to offer a deep-dive into the notion of hosting from a technical perspective in order to better understand why Articles 14–15 of the E-Commerce Directive may require a re-examination. It is also submitted that portals and other online service providers relying on a broad construction of safe harbours should be entitled to Good Samaritan protection akin to section 230 of the American Communications Decency Act in order not to hold them liable for being active in fighting hate speech and other forms of illegal and harmful conduct.     

Reproductive behaviour in the Lutheran urban family from historical Poland (the Parish of St. Peter from Poznań, the second half of the nineteenth century)

Fertility and reproductive behaviour in the nineteenth-century Lutheran family from the city of Poznań was characterized. Use was made of the St. Peter parish (Peterkirche) registers from 1840s to 1870s, upon which reconstructions of the individual histories of 463 families were based. Fertility was assessed on the basis of the length of between-birth intervals according to their order and age of women. Next, the age-specific fertility rates of women f_x and Coale Index of marital fertility I_g were calculated. From a seasonal rhythm of both marital and illegitimate births, and reconstructed on the basis of these, the annual rhythm of marital and prenuptial conceptions were characterized. In the Lutheran Parish of St. Peter from the city of Poznań illegitimate births and prenuptial conceptions accounted for almost 10% and over 5% of all births, respectively. Lack of seasonality for marital births was noted here. Illegitimate births, by contrast, were characterized by a statistically significant annual rhythm: their maximum was noted in April, which was a result of conceptions during summer. The average woman with completed reproduction cycle gave birth to the first and to the last child at the ages of 29 and 40 years, respectively. She therefore used 32% of her whole reproductive period. Late age of birth of the first child was associated with late age of marriage of women (on average 28 years). An average woman with completed reproduction gave birth to 4.8 children. The average length of the protogenesic interval was 18 months. The highest fertility occurred in women aged between 20 to 29 years. The value of the I_g index was 0.67, and proved a lack of birth control rather than conscious birth regulation. Generally, Lutheran women from Poznań were characterized by fairly high reproductive potential.     

Application of Infrared and Raman Spectroscopy in Paint Trace Examination

Raman spectroscopy has proved to be a promising technique in forensic examinations, where optical microscopy, micro‐infrared spectroscopy, and microspectrophotometry in the visible and UV range are used for identification and differentiation between paint traces. Often no organic pigments are detected using Fourier transform infrared spectroscopy, because their content in a trace is usually undetectable. Application of a micro‐Raman spectrometer equipped with several excitation lasers helps forensic experts in paint analysis enabling identification of main pigments. Three cases concerning comparative examination of car paint are discussed in detail. The comparison of Raman spectra of paint chips found on clothing of a victim or smears found on body of a damaged car to these of paint chips originated from the suspected car enabled us to identify the car involved in the accident. When no comparative material is available, the method can be useful in establishing the color and make of the car.     

Some reflections on the duality of regime for software protection in the European Union

Although the framework for protection of computer programs has been established in the European Union more than two decades ago, it has not undergone any major changes. Opinions of Advocate General Yves Bot have convinced the Court to advance the concept of the plurality of copyright regimes applicable to software: source code, object code and documentation would be protected under the Software Directive, whereas interfaces, programming languages, data formats and software manuals are dealt with as literary works under the InfoSoc Directive. In SAS Institute v WPL, the Court also ruled that copyright in a computer program cannot be infringed where the lawful acquirer of the license neither decompiled the object code nor copied the source code of the computer program, but merely studied, observed and tested that program in order to reproduce its functionality in a second program. This ruling paves the way and acknowledges the reverse engineering efforts on the Old Continent.     

STR data for SGM Plus and penta E and D loci in a population sample from south Poland

Frequency data of short tandem repeats loci included in the SGM Plus kit and on two pentanucleotide STR loci: Penta E and Penta D [Profiles DNA 2 (1998) 2] included in the PowerPlex16 kit were collected from a sample of 400 (for SGM Plus) and 91 (for Penta E and Penta D) random, unrelated individuals born in the South Poland region.     

Knee joint injuries as a reconstructive factors in car-to-pedestrian accidents.

Knee joint injuries were found in 214 out of 357 fatal pedestrian victims of traffic accidents (60%). The cross-sections of tibial and femoral epiphyses revealed bone bruises (due to compression and avulsion) and the percentage of victims with knee injuries increased to 80% (in the group of lateral impacts - 94%). The bone bruises in the central tibial and femoral condyles were observed only in victims hit in an upright position. There was a strong correlation between the side of impact on the extremities in medium sized pedestrians (from the front, back, lateral and medial side) caused by passenger cars and the mechanism of knee injuries (hyperextension, anterior dislocation of the proximal tibial epiphysis in relation to the femoral condyles, valgus and varus flexion). In the cases of very low impacts (e.g. in very tall victims hit by rapidly breaking wedge-shaped cars) or very high impact (e.g. in very short victims or truck hits) the "reversed" complexes of injuries were found (lever principle). These findings showed that knee joint injuries are useful for determining the car-pedestrian location on collision and the type of vehicle (in hit-and-run accidents).