April 2017: ECIS submits its response to the public consultation on “Building the data Economy,” and also puts together some initial thoughts on extra-contractual liabilities in relation to IoT and robotics products and services. You can find ECIS’ initial thoughts on the matter here: ECIS’ initial thoughts on extra-contractual liabilities for IoT.
December 2015: ECIS hosts a symposium on the promise and challenge of cloud computing for business and government. For the purpose of this symposium ECIS published a paper on the Hybrid Cloud which is available here: ECIS Hybrid Cloud Paper.
April 2014: ECIS submitted its response to the European Commission’s public consultation on the review of the EU copyright rules. You can find the response here.
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December 2011: EIPR article on the SAS case
This article argues that competition and innovation in the software industry in the European Union will be seriously undermined if the Court of Justice of the European Union in SAS Institute, Inc v World Programming Ltd holds that copyright protection for computer programs extends to the functional behaviour of computer programs, to programming languages and to data formats and data interfaces essential for achieving interoperability. This article explains why the text and legislative history of the EU Software Directive, in line with international treaty provisions, should be understood as providing protection for the literary aspects of programs, but not to functionality, languages and data interfaces. Copyright has an important, but limited role to play in protecting program innovations, especially in view of the increased availability of patents for functional aspects of software. The draft version of the article that was published in the EIPR in February 2012 is available on SSRN: Does Copyright Protection Under the EU Software Directive Extend to Computer Program Behaviour, Languages and Interfaces?
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An ECIS primer in how to identify unlawful public procurement of IT-related products and services and what to do about them. This was written in 2010, so please note the names at the end are now out of date Public Procurement Primer (1)
Maurits Dolmans, “European Interoperability Framework v2.0 Open standards to promote software interoperability”, ECIS Breakfast Briefing – September 7, 2010: describing the importance of interoperability in an increasingly networked world, and discussion of various ways and means to achieve interoperability in the context of the European Interoperability Framework (EIF), proposing a synthesis for EIF, providing for FRAND licensing for telecom interoperability and RF licensing for software interoperability standards.Read more.
Advocating for openness and interoperabilityThomas Vinje, Clifford Chance LLP, Councel to ECIS, Geneva, 26 January 2010. Read More
“Competition in Office Suite Programs”, by Mark MacCarthy of Georgetown University, arguing that governments should adopt a procurement policy for a single standard for office suite programs to promote competition. Read the article. (PDF)
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Maurits Dolmans, “The telecom standards experience shows the European Interoperability Framework (EIF) for software is right”, ECIS presentation, December 10, 2008: describing the role of patents in standard setting and the risk of hold-up and royalty stacks, proposing a definition of FRAND in that context, and an alternative for software interoperability standards.Read more. ECIS’ comments in reply to the public consultation on the revised rules for the assessment of horizontal cooperation agreements under EU law, Brussels, 29 June 2010. Read more.
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