Lucie Guibault's Books

The Future of the Public Domain

Identifying the Commons in Information Law

By: Lucie M. C. R. Guibault

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The Future of the Public Domain

Identifying the Commons in Information Law

By: Lucie M. C. R. Guibault

The presence of a robust public domain is an essential precondition for cultural, social and economic development and for a healthy democratic process. But the public domain is under pressure as a result of the ongoing march towards an information economy. Items of information, which in the `old economy had little or no economic value, such as factual data, personal data, genetic information and pure ideas, have acquired independent economic value in the current information age, and consequently become the object of property rights making the information a tradable commodity. How and to what extent does the commodification of information affect the free flow of information and the integrity of the public domain? Does the freedom of expression and information, guaranteed inter alia in the European Convention on Human Rights, call for active state intervention to `save the public domain? What means both legal and practical are available or might be conceived to guarantee and foster a robust public domain? These were the main questions that were addressed in a major collaborative research project led by the Institute for Information Law of the University of Amsterdam (IViR) in co-operation with the Tilburg Institute for Law, Technology and Society (TILT) of Tilburg University, and funded by ITeR, the Dutch National Program for Information Technology and Law. Thirteen contributions from academia worldwide make up the present book, addressing the future of the public domain from a different angle. In addition, all authors were invited to reflect upon the notion and role of the public domain in the context of information law and policy. Should this concept be limited to that of a `negative image of (intellectual) property protection, i.e. all publicly available information not subject to a property right, and therefore freely (i.e. gratis) available, or should a broader approach be taken, e.g. all information available from public sources at affordable cost? Should information policies be aimed at maximizing the public domain or optimizing information flows? To what extent are these aims congruent? This book takes a broader, `information law oriented approach towards the question of preserving the public domain, in which a wide range of interrelated legal questions converge. Issues treated in this book include: Economic analysis of the public domain Fundamental rights analysis of the public domain Impact of the application of technological protection measures and contractual restrictions on the public domain The impact of the expansion of copyright, database right and patent rights on the public domain The impact of the commodification of private data, government information, indigenous knowledge on the public domain The capacity of the Open Source and Creative Commons Movements to preserve the integrity of the public domain The Future of the Public Domain is an important work for all those interested or involved in the regulation of the knowledge economy. Legal scholars, academic and research institutions, corporate counsel, lawyers, government policymakers and regulators all these and more will benefit enormously from the thoughtful and incisive discussions presented here.

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394

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041124357

ISBN 13

9789041124357

Digital Consumers and the Law

Towards a Cohesive European Framework

By: Lucie Guibault,Natali Helberger

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Digital Consumers and the Law

Towards a Cohesive European Framework

By: Lucie Guibault,Natali Helberger

This book provides a critical analysis of how digitisation affects established concepts and policies in consumer law. Based on evidence of the actual experience and problems encountered by consumers in digital markets, the book offers a ground-breaking study of the main issues arising in relation to the application of general consumer and sector-specific law. An interdisciplinary team of researchers from the Centre for the Study of European Contract Law (CSECL) and the Institute for Information Law (IViR), both University of Amsterdam, combine their expertise in general consumer and contract law, telecommunications law, media law, copyright law and privacy law in a joint effort to point the way to a truly cohesive European Framework for Digital Consumers and the Law. Topics in this book include the characteristics of digital content markets and how they relate to traditional consumer law; consumer concerns, reasonable expectations and how they are protected by law; the difficult question of the classification of digital content; legal questions triggered by prosumers and underage consumers; the feasibility and future of the information approach to consumer protection; the role of fundamental rights considerations, and the legal implications of an economy that uses personal data as the new currency. Digital Consumers and the Law is an important analysis for all those interested or involved in the regulation of digital content markets. With its comprehensive discussion of a wide range of fundamental as well as praxis-oriented questions, it is an essential read for academics, policy makers, members of the content industry as well as consumer representatives.

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317

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041142207

ISBN 13

9789041142207

Unravelling the Myth around Open Source Licences

An Analysis from a Dutch and European Law Perspective

By: Lucie Guibault,Ot van Daalen

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Unravelling the Myth around Open Source Licences

An Analysis from a Dutch and European Law Perspective

By: Lucie Guibault,Ot van Daalen

A number of legal challenges need to be addressed in order to ensure the most efficient deployment of open content licences in Europe and in the Netherlands, not least because most open source licences originate from the US. This study gives an overview of the current legal situation regarding the use of open source software licences and investigates how the most commonly used open source software licences measure up to Dutch and European law. How does the distinct production and distribution model of open source licences fit in the current legal framework? Does the current legal environment support the use of open source licences or impede their use? In this last case, would certain adaptations to the law or to the licence terms be appropriate? By their in-depth analysis and clear conclusions, the authors amply contribute to the understanding of this complex field that policy makers, regulators, and academics require.

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Page Count

224

Publisher

T.M.C. Asser Press

Published Date

ISBN 10

9067042145

ISBN 13

9789067042147

The Future of the Public Domain

Identifying the Commons in Information Law

By: Lucie M. C. R. Guibault

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The Future of the Public Domain

Identifying the Commons in Information Law

By: Lucie M. C. R. Guibault

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394

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Kluwer Law International B.V.

Published Date

ISBN 10

9041124357

ISBN 13

9789041124357

Open Content Licensing

Cultivating the Creative Commons

By: Brian Fitzgerald

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Open Content Licensing

Cultivating the Creative Commons

By: Brian Fitzgerald

Open Content Licensing: Cultivating the Creative Commons brings together papers from some of the most prominent thinkers of our time on the internet, law and the importance of open content licensing in the digital age.

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262

Publisher

Sydney University Press

Published Date

ISBN 10

1743329415

ISBN 13

9781743329412

Safe to Be Open - Study on the Protection of Research Data and Recommendations for Access and Usage

By: Andreas Wiebe,Lucie Guibault

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Safe to Be Open - Study on the Protection of Research Data and Recommendations for Access and Usage

By: Andreas Wiebe,Lucie Guibault

This study addresses the most important legal issues when implementing an open access e-infrastructure for research data. It examines the legal requirements for different kinds of usage of research data in an open access infrastructure, such as OpenAIREplus, which links them to publications. The existing legal framework regarding potentially relevant intellectual property (IP) rights is analysed from the general European perspective as well as from that of selected EU Member States. Various examples and usage scenarios are used to explain the scope of protection of the potentially relevant IP rights. In addition different licence models are analysed in order to identify the licence that is best suited to the aim of open access, especially in the context of the infrastructure of OpenAIREplus. Based on the outcomes of these analyses, some recommendations to the European legislator as well as data- and e-infrastructure providers are given on improving the rights situation in relation to research data. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

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Page Count

166

Published Date

ISBN 10

1013286286

ISBN 13

9781013286285

Safe to be open

Study on the protection of research data and recommendation for access and usage

By: Guibault, Lucie,Wiebe, Andreas

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Safe to be open

Study on the protection of research data and recommendation for access and usage

By: Guibault, Lucie,Wiebe, Andreas

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168

Publisher

Universitätsverlag Göttingen

Published Date

ISBN 10

3863951476

ISBN 13

9783863951474

Digital Consumers and the Law

Towards a Cohesive European Framework

By: Lucie Guibault,Natali Helberger

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Digital Consumers and the Law

Towards a Cohesive European Framework

By: Lucie Guibault,Natali Helberger

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Solve jigsaw puzzle

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Page Count

317

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041142207

ISBN 13

9789041142207

Book's by Lucie Guibault

The Future of the Public Domain

The Future of the Public Domain

Digital Consumers and the Law

Digital Consumers and the Law

Unravelling the Myth around Open Source Licences

Unravelling the Myth around Open Source Licences

The Future of the Public Domain

The Future of the Public Domain

Open Content Licensing

Open Content Licensing

Safe to Be Open - Study on the Protection of Research Data and Recommendations for Access and Usage

Safe to Be Open - Study on the Protection of Research Data and Recommendations for Access and Usage

Safe to be open

Safe to be open

Digital Consumers and the Law

Digital Consumers and the Law

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