I was recently lucky enough to be asked to give a short presentation at the 2014 Edinburgh Postgraduate Law Conference, entitled “Innovation in the Law: New Challenges, New Perspectives“. The organising committee, in conjunction with the Edinburgh Law School and the Institute for Academic Development put on a great two-day event, creating a brilliant opportunity for PhD students, early career researchers, established academics and interested parties to swap ideas, talk at length about their personal obsessions, bemoan the constant struggles that are funding, exercising the power to say “no”, and engage in ample usage of the term “interdisciplinary”. I’d like to thank again all involved in the organisation of a thoroughly enjoyable event, and of course the Forschungsstelle für Verbraucherrecht for continuing to finance my wanderings around Europe in the name of digital consumer protection.
The talk I gave in the panel on “Technology and Law: Confronting Uncertainty, Testing Promises“, was entitled “2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content“, the article and slideshow for which you can find below. Rather than the traditional (and oft beset by delays) practice of publishing conference proceedings in a printed version, the conference chose the novel approach of asking the speakers to present their ideas in a 1,000-word blog post, which was then made available on the conference website for anyone who wanted to read up on the topics in advance on the talks. I thought this was a particularly useful tool in preparing for the panels I attended. Continue reading 2 Steps Forward, 1 Step Back: The Problematic Protection of Consumers of Digital Content
Much rejoicing was had this week amongst fans of Data Privacy and Data Protection, as the European Court of Justice (ECJ – though officially now just the Court of Justice) in its capacity as one wing of the Court of Justice of the European Union (CJEU; I know, the distinction is a bit confusing, and varies depending on who reports it) implied a “right to be forgotten” into European Data Protection Law. For example, the EU justice commissioner, Viviane Reding, welcomed the decision, saying it was a victory for the protection of personal data in the EU; “The ruling confirms the need to bring today’s data protection rules from the ‘digital stone age’ into today’s modern computing world”. Whilst the idea of giving citizens more rights to control the processing and dissemination of their personal information is a commendable one, this already exists in the form of the Data Protection Directive which was found to be applicable in this case.
What really happened here is that the court extended, in my opinion rather widely unclearly, who can be designated as controllers or processors of personal data and what sorts of information should be considered objectionable personal information and remain completely within the control of the citizen. Continue reading Europe and The Right to Be Forgotten: A Memorable Victory for Privacy or Defeat for Free Speech?
Good news for European fans of “The Right to Be Forgotten”, as the European Court of Justice has backed the right to have “irrelevant” or out-dated information removed from online sources, and search results. Google is understandably unhappy, and this could also have troubling consequences regarding freedom of speech and information, but it is certainly interesting to see the ECJ backing this sort of very new “right” specifically as a response to developments in the online world.
UPDATE: The text of the Regional Court of Berlin’s dismissal of the vzbv’s case has been published by Spielerecht.de. As suggested below, the vzbv’s focus on Steam accounts themselves rather than individual licences for games may have been unhelpful, but in addition the court seemed unconvinced that video games were merely software, but rather a mix of a number of elements, and as such Usedsoft may not be directly applicable. A helpful update, in English, of these developments and the court’s reasoning has been provided by Felix Hilgert and Konstantin Ewald of Spielerecht.de “Update: Valve May Prohibit Steam Account Transfers – German Judgment Published”
Continue reading Losing Steam: Is Usedsoft v Oracle Actually Changing the Video Game Industry?