Category Archives: Books

Book launch: ‘Private Power, Online Information Flows and EU Law: Mind The Gap’

angela-daly-eu-bookBook launch at: The Conservatory, Bloomsbury Publishing Plc 
50 Bedford Square
London
WC1B 3DP
6pm – 8pm, 31 January 2017

This event is FREE but registration is required on Eventbrite.

Speaker: Angela Daly

With guest speakers: Professor Chris Marsden, University of Sussex; Dr Orla Lynskey, London School of Economics and Political Science

About the Book

This monograph examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users’ autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users.

Using a series of illustrative case studies, of Internet provision (including the net neutrality debate), search, mobile devices and app stores, and the cloud, the work demonstrates the gaps that currently exist in EU law and regulation. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failure can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, solutions from outside the system are proposed at the end of each case study.

Praise for the Book

‘This is a richly textured, critically argued work, shedding new light on case studies in information law which require critical thinking. It is both an interesting series of case studies (notably cloud computing, app stores and search) that displays original and deeply researched scholarship and a framework for critiquing neoliberal competition policy from a prosumerist and citizen-oriented perspective.’ – Professor Chris Marsden, University of Sussex.

Network Neutrality: From policy to law to regulation

network-neutrality-coverBook launch at the Institute of Advanced Legal Studies
Charles Clore House
17 Russell Square
London WC1B 5DR
6pm – 8pm, 9 February 2017

This event is FREE but advanced booking is required on the IALS Events Calendar

Speaker: Professor Christopher T. Marsden: Professor of Internet Law, (University of Sussex Law School)

Discussants: Dr Angela Daly, Vice-Chancellor’s Research Fellow, (Queensland University of Technology Faculty of Law); Research Associate, Tilburg Institute of Law, Technology and Society; Professor Ian Walden, Professor of Information and Communications Law, (Queen May, University of London.)

Net neutrality is the most contested Internet access policy of our time. This book offers an in-depth explanation of the concept, addressing its history since 1999, its engineering, the policy challenges it represents and its legislation and regulation.

Various case studies are presented, including Specialized Services and Content Delivery Networks for video over the Internet, and the book goes on to examine the future of net neutrality battles in Europe, the United States and developing countries, as well as offering co-regulatory solutions based on FRAND and non-exclusivity.

It will be a must-read for researchers and advocates in the net neutrality debate, as well as those interested in the context of communications regulation, law and economic regulation, human rights discourse and policy, and the impact of science and engineering on policy and governance.

This seminar will be followed by the book launch of “Network Neutrality: From Policy to Law to Regulation” by Christopher Marsden, (Manchester University Press, 2017).

The socio-legal aspects of 3D printing: Between “chaos” and “control”

Socio-legal aspects bookNot so long ago 3D printing was being discussed alongside the internet, file sharing and digital currencies as a sign of the beginning of an era of post-control and post-scarcity.

There were fears that governments would struggle to regulate the activities of a new generation of “prosumers” (producer-consumers) and that economic and legal certainties would be challenged by an increase in the decentralised “free” supply of goods.

Last night, at the Information Law and Policy Centre, Dr Angela Daly and Dr Dinusha Mendis presented a more nuanced view of the prospects of 3D printing as a “disruptive” technology to mark the launch of Daly’s new book, Socio-Legal Aspects of the 3D Printing Revolution.

Daly, a research fellow at Queensland University of Technology Faculty of Law, shared findings from postdoctoral research at the Swinburne University of Technology considering the legal aspects of 3D printing from the standpoint of the US, UK-EU and Australian legal systems.

s200_angela.dalyDaly’s transnational lens enabled her to identify a number of divergent legal approaches to 3D printing in relation to exceptions to infringement, intermediary liability, copyright and DMCA takedowns.

She found that the legal implications of 3D printing were hard to generalise despite attempts at the harmonisation of international law. More often the legal status of 3D printing was both nationally and scenario specific. To this end, Daly noted that it would also be interesting to research how legal jurisdictions in emerging economies were tackling 3D printing.

Focussing particularly on the potential problems created for Intellectual Property law by 3D printing, Daly concluded that the technology was neither leading to “total chaos” nor “total control”.

She highlighted that 3D printing has not yet become a mainstream practice – despite entry level 3D printers selling for around £500, far fewer people own one than they do a smartphone or computer. Daly also emphasised that incumbent businesses and companies are incorporating 3D printing into their business models.

She stated, therefore, that although there was some chaos around the edges – such as the ability for people to print 3D guns – the overall picture was that from a socio-legal perspective the technology was not currently particularly ‘disruptive’.

Dinusha MendisDaly’s position was reinforced by a presentation from Dr Dinusha Mendis, Co-Director of the Centre for Intellectual Property Policy and Management (CIPPM) at Bournemouth University. Mendis has conducted research on the Intellectual Property and Copyright implications of 3D printing including work which was commissioned by the UK government’s Intellectual Property Office.

Of fundamental concern here is the potential illegal copying and use of the computer-aided design (CAD) files required to print objects in 3D. Her research identified hundreds of online platforms for the distribution of 3D printing files which were providing access to hundreds of thousands of designs.

Mendis’ research into online platforms reveals that interest in 3D printing has grown immensely between 2008 and 2014, but she identified limitations to the spread of the practice.

Potential users do not always have access to the right materials, funds to be able to purchase more sophisticated printers or the legal knowledge to license their work. Moreover, companies and businesses in this field informed her that there was currently little commercial impact on either automotive or domestic products. They predicted that 3D printing would remain limited for the next five to ten years.

For both Mendis and Daly, then, 3D printing has not yet lived up to initial hype over its ‘disruptive’ potential. Mendis recommended a ‘wait and see’ approach to UK government, concerned that legislating too hastily in this area might stifle creativity.

Nevertheless, as 3D printing technology improves and becomes cheaper, it might become the focus of increasing interest for legal scholars in the future.

Further Reading

A. Daly (2016) Socio-Legal Aspects of the 3D Printing Revolution, Palgrave MacMillan: UK
D. Mendis (2015) A Legal and Empirical Study into the Intellectual Property Implications of 3D Printing.
D. Mendis (2014) “Clone Wars”: Episode II – The Next Generation: The Copyright Implications relating to 3D Printing and Computer-Aided Design (CAD) Files. Law, Innovation and Technology, 6 (2), 265-281.
D. Mendis (2013) ‘The Clone Wars’ – Episode 1: The Rise of 3D Printing and its Implications for Intellectual Property Law – Learning Lessons from the Past?,  European Intellectual Property Review, 35 (3), 155-169.

Upcoming Event: 3D Printing in Law and Society

The Information Law and Policy Centre at IALS is pleased to announce the following lecture and book launch:

  • Date: Tuesday, 12 July 2016, from 18:00 to 19:00
  • Location: Institute for Advanced Legal Studies (IALS), University of London
  • Speaker: Dr Angela Daly, Vice-Chancellor’s Research Fellow, Queensland University of Technology Faculty of Law; Research Associate, Tilburg Institute of Law, Technology and Society
  • Discussant: Dr Dinusha Mendis, Co-Director, Centre for Intellectual Property Policy and Management (CIPPM), Bournemouth University
  • Please click here to book via the IALS Eventbrite page

Additive manufacturing or ‘3D printing’ has emerged into the mainstream in the last few years, with much hype about its revolutionary potential as the latest ‘disruptive technology’ after the Internet to destroy existing business models, empower individuals and evade any kind of government control. This lecture will examine some of these themes from a socio-legal perspective, looking at how various areas of law (including intellectual property, product liability, gun laws, data privacy and fundamental/constitutional rights) interact with 3D printing theoretically and in practice and comparing this interaction to that of the Internet before it. Despite rhetoric proclaiming that it is ushering in the end of government control and corporate-enforced scarcity, 3D printing, especially consumer-oriented printers, may not be as disruptive to law and society as commonly believed. This is because 3D printing is not just empowering ‘prosumers’, but government and corporate actors that have been investigating the potential of 3D printing for their own purposes, which may in the end just reinforce existing hierarchies and distributions of power.

This seminar will be followed by the book launch of ‘Socio-Legal Aspects of the 3D Printing Revolution’ by Angela Daly (Palgrave, 2016).

Biographies:

Angela Daly recently joined Queensland University of Technology’s Faculty of Law as Vice Chancellor’s Research Fellow and research associate at the Tilburg Institute for Law, Technology and Society. She is a socio-legal scholar of technology with expertise in intellectual property, human rights (privacy and free expression), and competition and regulation. She is the author of ‘Socio-Legal Aspects of the 3D Printing Revolution’ (Palgrave 2016), which was based on her postdoctoral research at the Swinburne Institute for Social Research, and ‘Private Power, Online Information Flows and EU Law’ (Hart 2017), which was based on her doctoral research at the European University Institute. She also has degrees from Oxford University and the Université de Paris 1 Pantheon-Sorbonne and has previously worked for Ofcom and the Electronic Frontier Foundation.

Dinusha Mendis is an Associate Professor in Law at Bournemouth University and Co-Director of the Centre for Intellectual Property Policy and Management (CIPPM). Dinusha specialises in Intellectual Property Law, in particular copyright law, copyright licensing and digital copyright policy, and has published widely in this area. Her research also includes exploring the challenges to intellectual property law as a result of emerging technologies. In this context, she has conducted extensive funded and independent research on the intellectual property implications of 3D printing and emerging technologies. She has been invited to speak on the topic at the European Parliament; the Office for Harmonization in the Internal Market (OHIM); the UK House of Lords and at various academic organisations, as well as for blue-chip industry clients. During 2015, Dinusha was on research leave and held appointments as a Visiting Scholar at the University of Tasmania Australia and Stanford Law School, University of Stanford California. Dinusha holds qualifications from the Universities of Aberdeen (LLB (Hons)); Edinburgh (LLM, PhD); Nottingham Trent University (BVC), has been Called to the Bar of England and Wales and is a member of the Honourable Society of the Middle Temple Inn, London.

 

New Edition: Concise European Copyright Law

A second edition of the Concise European Copyright Law has been released. The book, edited by Prof. Thomas Dreier and Prof. Bernt Hugenholtz and published by Kluwer Law International in January 2016, provides a compact commentary on the modern EU-level copyright framework, covering both the EU directives adopted in the field, as well as the main international conventions that have had an impact on it. It thus constitutes an invaluable resource for anybody interested in the area.

As the publisher describes:

Concise European Copyright Law aims to offer the reader a rapid understanding of all the provisions of copyright law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the relevant European directives and international treaties in the field of copyright and neighbouring rights. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision. Editors and authors are prominent specialists (academics and practitioners) in the field of international and European copyright law.

Concise European Copyright Law is part of ‘Concise IP’, a series of five volumes of commentary on European intellectual property legislation. The five volumes cover: Patents and related matters, Trademarks and designs, Copyrights and neighbouring rights, IT and a general volume including jurisdictional issues.

The book has been comprehensively updated since the first edition was published in 2006. The new edition features a chapter on the 2006 consolidated Term Directive, as amended by the 2011 Term Extension Directive, by Christina Angelopoulos, researcher at IALS Information Law and Policy Centre. The chapter was written while the author was based at the Institute for Information Law (IViR) of the University of Amsterdam.