Online selling and contracting: An overview of EU rules

In the second of our series of articles considering the EU’s limited harmonisation of the laws regulating the activities of businesses using the Internet, we look at the rules governing contracting and selling online. We consider the circumstances in which three key EU directives apply, the rights, under these directives, of consumers who contract online and the effect of electronic signatures as used for online contracting.     

Can hyperlinks and digital rights management secure affordable access to information?

Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,¹ can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,² Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,³ and the EU Copyright Directive (EUCD) 2001.⁴ It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).⁵ Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free.     

European Court of Justice rules on the protection of databases under the Database Directive (96/9/EC)

The European Court of Justice has ruled on the circumstances in which databases may be protected by the Database Directive. In a decision that renders the protection of databases a narrow concept, the ECJ appears to have introduced a new requirement that a database must comprise its author's “creative ability” in order to qualify for protection as a copyright work.     

Legal grounds to process personal data under Spanish legislation after the ECJ Judgment of 24 November 2011 (the ASNEF and FECEMD case)

Spanish law on personal data protection regulates (among other issues) the legal bases that permit the processing of data in a way that is similar to that set out in Directive 95/46/EC. Consent constitutes the general rule although data may be processed without it if necessary for administration functions, within the framework of a contractual relationship, in order to safeguard the vital interests of the data subject or if they are included in sources accessible to the public. However, unlike the Directive, legitimate interest is not recognised as an independent reason for processing data, whereas a legal ground that is not set out in community law is included, i.e., sources accessible to the public. This paper analyses these two cases, taking as its starting point consent, along with the consequences that the ECJ Judgment of 24 November 2011 regarding the interpretation of Article 7 of Directive 95/46/EC may have and giving attention to the revision of this Directive itself.     

Trends in Converted Firearms in England & Wales as Identified by the National Firearms Forensic Intelligence Database (NFFID) Between September 2003 and September 2008

Abstract: The National Firearms Forensic Intelligence Database (NFFID © Crown Copyright 2003‐2008) was developed by The Forensic Science Service (FSS) as an investigative tool for collating and comparing information from items submitted to the FSS to provide intelligence reports for the police and relevant government agencies. The purpose of these intelligence reports was to highlight current firearm and ammunition trends and their distribution within the country. This study reviews all the trends that have been highlighted by NFFID between September 2003 and September 2008. A total of 8887 guns of all types have been submitted to the FSS over the last 5 years, where an average of 21% of annual submissions are converted weapons. The makes, models, and modes of conversion of these weapons are described in detail. The number of trends identified by NFFID shows that this has been a valuable tool in the analysis of firearms‐related crime.     

基于B／S的WEB数据库技术

本文给出了基于B／S计算模式的信息查询的数据库系统,介绍了ASP的Web数据库开发,讨论了数据的查询、浏览、添加及修改的基本实现细节。     

加强警务实战教法库建设之构想

随着公安机关大练兵的深入开展,广大民警警务实战水平和能力的进一步提高,公安机关战斗力的持续提升,对公安院校、警察训练学校和训练基地警务实战教学水平提出了更高的要求。需要建立一套能很好实现教学目标,紧密联系实际,生动鲜活,有警务实战特点的可持续发展的教学方法和训练体系。     

Population data for six X-chromosome STR loci in a Rio de Janeiro (Brazil) sample: Usefulness in forensic casework

This study presents data for the X-chromosome STR loci DXS7133, DXS7424, DXS8378, DXS6807, DXS7423 and DXS8377. In order to establish a database, unrelated individuals (males and females) from Rio de Janeiro were typed for the above loci. No significant differences were observed between allele frequencies in male and female samples (non-differentiation exact P values ≥ 0.156). Hardy-Weinberg equilibrium was tested in the female sample and no significant deviations were found. All six markers have shown to be highly polymorphic in our sample with gene diversities varying between 0.6797 for DXS7133, and 0.9260 for DXS8377. Pairwise linkage disequilibrium analysis did not allow discharging a possible association between DXS7133 and DXS7424 alleles in Rio de Janeiro population. Parameters of forensic interest, like PD_M, PD_F, Het_obs, Het_exp, were calculated for each locus. The high discrimination power estimated in both males and females, as well as mean exclusion chance in father/daughter duos and in father/mother/daughter trios, demonstrates the usefulness of these six markers in forensic investigation.     

论欧盟版权改革对短视频分享平台责任之启示

短视频产业的规模化导致与短视频分享有关的纠纷有所增长。较之传统视频平台之经营模式,短视频平台所提供内容更为碎片化。这些微小内容的版权问题基于其快销的商业模式,以现有的通知移除规则管理,似乎力有不逮。恰逢欧盟2019年4月通过《数字单一市场版权改革指令》(CDDSM),其中第17条被称之为过滤责任条款,矫正了平台注意义务范围,这对短视频平台的侵权乱象或可有效规制。中国应谨慎分析过滤责任,考虑试验性采用《指令》第17条提出的"尽力而为+通知移除规制"的两级制义务模式,因应时代需求,改善救济渠道。     

Fighting Housing Discrimination in Europe

ABSTRACT

There is no exact European equivalent to the U.S. Fair Housing Act. The member states of the European Union (EU) have transposed into law the EU Racial Equality Directive of 2000 that prohibits discrimination in, among other things, access to the supply of goods and services, including housing, on the basis of race. Most housing discrimination case law so far comes from nonbinding decisions of the European Court of Human Rights and European Committee of Social Rights under the revised European Social Charter of the Council of Europe. This article explains how the European context of discrimination and segregation differs from the American, reviews the major legal conventions establishing equal rights in housing, protected classes, and key precedents. It discusses how mixing policies in social housing are the primary mechanism to reduce residential segregation in Europe. The special case of extreme discrimination against the Roma is presented, before concluding with some comparative observations.