2017

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.

March 2017: ECIS submits its response to the public consultation on “European catalogue of ICT standards,” which is available here: Response to consultation on EU catalogue of ICT standards.

January 2017: ECIS submits its response to the public consultation on “Evaluation of procedural and jurisdictional aspects of EU merger control” which is available here: ECIS’ one-pager in response to consultation on EU Merger Control Regulation.

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2016

November 2016:  ECIS hosts an event on Big Data and innovation.  You can find summaries of the interesting debates held here: ECIS event 29 11 2016_Big data and competition law_summary of presentation and here: ECIS event 29 11 2016_Artificial Intelligence_summary of presentation.

June 2016:  ECIS prepares a special paper on “cloud switching” and the free flow of data addressing issues concerning portability and interoperability of software and data across cloud services.  You can find the paper here: ECIS’ Special Paper on Cloud Computing – Portability and Interoperability – 16-06-27.

January 2016: ECIS submits its response to the public consultation on “The regulatory environment for platforms, online intermediaries, data and cloud computing, and the collaborative economy.  ECIS’ response and comments are available here: ECIS response to online platforms consultation and here: ECIS_Comments on public consultation on online platforms.

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2015

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.

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2014

November 2014: ECIS published a report entitled “Ensuring a thriving cloud market: Why interoperability matters for business and government.”  The report describes common pitfalls for businesses and governments trying to purchase cloud services, and suggests strategies to counteract potentially costly problems.  Users become locked in to on system if it is proprietary.  The alterative is to use systems designed to common standards, freely available for use by anyone, known as “open standards.” Such open standards are used on the World Wide Web.  For the full text of the report, please see: http://www.ecis.eu/wp-content/uploads/2014/11/Cloud-Computing-Standards-Compatibility-and-Interoperability1.pdf.  For ECIS’ policy recommendations prepared on the basis of the report, please see: http://www.ecis.eu/wp-content/uploads/2014/11/ECIS-cloud-computing-paper_Policy-Recommendations.pdf.

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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2011

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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2010

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

“Practicing Open Procurement  of IT,” presentation by Thomas Vinje from June 2010. SEE MORE in Power Point or in OpenOffice.org Impress

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2009

ECIS position paper on post-i2010 public consultation (1) ECIS comments on guidelines for co-operation between competitors, known as the revised competition rules on horizontal co-operation agreements, often referred to as the horizontal guidelines. Our comments were among those considered by the Commission before it finally issued them in December, 2010. The guidelines may be found here. The press release announcing the guidelines is here, and questions and answers about the guidelines here. ECIS Comments on Draft Horizontal Guidelines

“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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2008

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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