Software Interoperability Information Disclosure and Competition Law PDF Download

Author: Qiang Yu
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Software interoperability information is indispensable in establishing connections among the parts of a program and to applications and users. According to the concepts of copyright and expression dichotomy and to the prevailing consideration that the function of software interoperability information has a bottleneck effect in restricting competition, the conceptual portions of software interoperability information are not protected under copyright, and software interoperability interfaces are subject to reverse engineering. This scope of copyright protection and the actual restriction on competition due to the refusal to disclose software interoperability information have convinced authorities and courts to grant a duty to disclose. However, in examining the compulsory disclosure of interoperability information and the competition situation in the software market, this study perceived that although the compulsory disclosure of software interoperability information is alleged to have certain benefits, it harms the copyright holder and, as a competition remedy, helps secondary market players at the expense of primary market players. This remedy in effect protects competitors, not competition throughout the entire market. Further, this study observes that when enlarging the scope of the compulsory disclosure of software interoperability information acts to create competition, it exceeds the function of competition law as an ex post remedy.

Author: Laura Denardis
Publisher: MIT Press
ISBN: 0262297280
Category : Law
Languages : en
Pages : 272

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Book Description
The economic and political stakes in the current heated debates over “openness” and open standards in the Internet's architecture. Openness is not a given on the Internet. Technical standards—the underlying architecture that enables interoperability among hardware and software from different manufacturers—increasingly control individual freedom and the pace of innovation in technology markets. Heated battles rage over the very definition of “openness” and what constitutes an open standard in information and communication technologies. In Opening Standards, experts from industry, academia, and public policy explore just what is at stake in these controversies, considering both economic and political implications of open standards. The book examines the effect of open standards on innovation, on the relationship between interoperability and public policy (and if government has a responsibility to promote open standards), and on intellectual property rights in standardization—an issue at the heart of current global controversies. Finally, Opening Standards recommends a framework for defining openness in twenty-first-century information infrastructures. Contributors discuss such topics as how to reflect the public interest in the private standards-setting process; why open standards have a beneficial effect on competition and Internet freedom; the effects of intellectual property rights on standards openness; and how to define standard, open standard, and software interoperability.

Author: Ashwin van Rooijen
Publisher: Kluwer Law International B.V.
ISBN: 9041131930
Category : Law
Languages : en
Pages : 314

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Book Description
The success of computer programs often depends on their ability to interoperate ' or communicate ' with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information

Author: John Palfrey
Publisher: Basic Books
ISBN: 0465029337
Category : Technology & Engineering
Languages : en
Pages : 307

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Book Description
In Interop, technology experts John Palfrey and Urs Gasser explore the immense importance of interoperability -- the standardization and integration of technology -- and show how this simple principle will hold the key to our success in the coming decades and beyond. The practice of standardization has been facilitating innovation and economic growth for centuries. The standardization of the railroad gauge revolutionized the flow of commodities, the standardization of money revolutionized debt markets and simplified trade, and the standardization of credit networks has allowed for the purchase of goods using money deposited in a bank half a world away. These advancements did not eradicate the different systems they affected; instead, each system has been transformed so that it can interoperate with systems all over the world, while still preserving local diversity. As Palfrey and Gasser show, interoperability is a critical aspect of any successful system -- and now it is more important than ever. Today we are confronted with challenges that affect us on a global scale: the financial crisis, the quest for sustainable energy, and the need to reform health care systems and improve global disaster response systems. The successful flow of information across systems is crucial if we are to solve these problems, but we must also learn to manage the vast degree of interconnection inherent in each system involved. Interoperability offers a number of solutions to these global challenges, but Palfrey and Gasser also consider its potential negative effects, especially with respect to privacy, security, and co-dependence of states; indeed, interoperability has already sparked debates about document data formats, digital music, and how to create successful yet safe cloud computing. Interop demonstrates that, in order to get the most out of interoperability while minimizing its risks, we will need to fundamentally revisit our understanding of how it works, and how it can allow for improvements in each of its constituent parts. In Interop, Palfrey and Gasser argue that there needs to be a nuanced, stable theory of interoperability -- one that still generates efficiencies, but which also ensures a sustainable mode of interconnection. Pointing the way forward for the new information economy, Interop provides valuable insights into how technological integration and innovation can flourish in the twenty-first century.

Author: Justine Pila
Publisher: Edward Elgar Publishing
ISBN: 1788976401
Category : Law
Languages : en
Pages : 773

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Book Description
Carefully authored by Justine Pila, this significantly revised and expanded third edition of Catherine Seville’s classic text, presents a thorough and detailed treatise on EU intellectual property (IP) law, taking into account the many developments in legislation and case law since the second edition.

Author: Geoffrey A. Manne
Publisher: Cambridge University Press
ISBN: 1139498533
Category : Business & Economics
Languages : en
Pages : 559

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Book Description
Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.

Author: Robert O'Donoghue QC
Publisher: A&C Black
ISBN: 1782251413
Category : Law
Languages : en
Pages : 1168

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Book Description
The Law and Economics of Article 102 TFEU is a comprehensive, integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. Jointly authored by a lawyer and an economist, The Law and Economics of Article 102 TFEU contains an integrated approach to the legal and economic principles that frame policy in this major area of competition law. Although written primarily with practitioners and in-house lawyers in mind, it is essential reading for anyone with an interest in competition law enforcement against monopoly behaviour.

Author: Alina Kaczorowska-Ireland
Publisher: Routledge
ISBN: 1317654994
Category : Law
Languages : en
Pages : 309

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Book Description
Competition Law in the CARICOM Single Market and Economy provides a comprehensive introduction to and overview of this emerging area of law, discussing both the current context and potential directions for future development. The book provides an account of major topics in the law, including the economics of competition law; enterprise; enforcement; regulation; and obligations of member states. It traces the progression of the law from the 2006 Revised Treaty of Chaguaramas, charting the main developments such as the establishment of CARICOM Competition Commission (CCC), and examining the emerging case law in this important and fast-growing area. Offering the first major exploration of Caribbean Competition law, this text will be an essential resource for lawyers, businesspersons, and students of the law in the Caribbean.

Author: Alison Jones
Publisher: Oxford University Press, USA
ISBN: 0199660328
Category : Law
Languages : en
Pages : 1434

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Book Description
A stand-alone guide to competition law, providing extracts from key cases, academic works, and legislation, along with incisive critique and commentary from two experts in the field.

Author: The late Catherine Seville
Publisher: Edward Elgar Publishing
ISBN: 1781003483
Category : Law
Languages : en
Pages : 588

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Book Description
This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.