External Defences

2020 ◽  
pp. 301-349
Author(s):  
Stavroula Karapapa
Keyword(s):  
Public Interest ◽  
Business Models ◽  
Service Providers ◽  
Competition Law ◽  
Online Services ◽  
Internet Service ◽  
Legal Principles ◽  
The Public ◽  
Abuse Of Dominant Position ◽  
Legal Grounds

Some defences are available on grounds that are extraneous to copyright and are based either on other bodies of law, such as competition law or e-commerce protection, or on general legal principles. These include, for instance, defences available to Internet service providers for infringements carried out by their users, including defences for hosting, caching, and ‘mere conduit’. Others are available on the grounds of competition law, such as refusal to license or abuse of dominant position, which could have a legal basis of application—inter alia—in certain mass digital activities of online services. Other available defences fall under general legal principles that can be invoked in cases where copyright exceptions do not cover an activity for which there is a principle-based justification for the particular conduct. Such a justification could be the public interest or the doctrine of the ‘abuse of right’. There are also a number of uses that can be permitted on grounds of benign infringement on the basis of the ‘innocuous use’ doctrine. Unlike other defences to copyright, these defensive rules represent instances where copyright may be subject to limitations as a result of its encounter with other legal orders. Such instances have either not been institutionalized within copyright law, such as speech entitlements or public policy privileges, or may have been partially included within it while offering principle-based explanations for acts of copyright infringement on the basis of legal grounds found in other areas of law or broader legal principles. These defences are an essential component to the understanding of the scope of permissible copyright use on the Internet as they can be extremely relevant in cases which involve online services and business models, such as hosting services, and online content use more broadly.

scholarly journals Disruptive Innovation on Competition Law: Regulation Issues of Online Transportation in Indonesia

2019 ◽  
Vol 5 (2) ◽  
pp. 23
Author(s):  
Mukti Fajar ◽  
Dirk Zwerenz ◽  
Reni Budi Setianingrum
Keyword(s):  
Judicial Review ◽  
Business Models ◽  
Competition Law ◽  
Disruptive Innovation ◽  
Public Order ◽  
Legal Research ◽  
Legal Principles ◽  
The Public ◽  
Indonesian Government ◽  
New Business

Disruptive innovation such as online transportation business is a leap of innovations of in services that triggered chaos in field of competition law. The emergence of new cumbent with its disruptive innovation has disturbed the market that dominated by the incumbent. This chaos cannot be overcome by the same legal approach because it has a different business model, in fact, it also happened in Indonesia. This study aims to: (a) reviewing whether disruptive innovation infringes the principles and provisions of competition law and; (b) identifying and evaluating various regulations regarding online transportation in Indonesia. The method of this research is normative legal research, which examines various legal principles, legal theories, and legislation. Findings of this study are; First, disruptive innovation is not an unlawful act because it does not infringe any provisions in the competition law. And also, this innovation is not contravene with the public order; its using new business platforms that are different from old business models. Second, Indonesian government has regulated this disruptive innovation by issuing regulation which has been sued for judicial review and amendment. Finally, Indonesian government has formulated an accommodative regulation format, i.e., online transportation is equalized to the specialized rental transportation.

Using Ontological E-Services Framework to Orchestrate E-Business Process Services

2018 ◽  
pp. 605-630
Author(s):  
Tung-Hsiang Chou ◽  
Ching-Chang Lee ◽  
Chin-Wen Lin
Keyword(s):  
Web Services ◽  
Web 2.0 ◽  
Business Models ◽  
Service Providers ◽  
The Internet ◽  
Semantic Web Technologies ◽  
Internet Service ◽  
Web Technologies ◽  
Framework Design ◽  
Internet Users

The Internet has come a long way over the past twenty years, and many Internet-era enterprises have had to face daunting challenges while trying to create innovative business models. Many types of Internet interactions can facilitate networking (e.g., The Web, Web services). Since the advent of the Internet, service requesters and service providers have generated diverse electronic services (e-services), and since 2003, many experts have proposed the concept of Web 2.0. People rely on Internet e-services to execute activities and meet requirements; however, e-services lack a standardization method for constructing and managing them. The current study presents a framework design and a comprehensive interface for e-service providers and requesters. The study adopts the concept of Web 2.0 by using Web services with related standards for developing the framework design. Specifically, the study uses semantic Web technologies to complete the construction of e-services. After that, Internet users can quickly and conveniently access the framework to obtain suitable e-services.

Collaborative Working in an ISP Environment

2011 ◽  
pp. 269-279
Author(s):  
Sathya Rao ◽  
Eric Mannie-Corbisier ◽  
Leszek Siwik
Keyword(s):  
Information And Communication Technologies ◽  
Communication Networks ◽  
Business Models ◽  
Business Processes ◽  
New Technologies ◽  
Service Providers ◽  
Data Communication ◽  
The Internet ◽  
Sustainable Business ◽  
Internet Service

The way of life has changed with the introduction of information and communication technologies (ICT) in every one’s day to day activities and the business. As ICT technologies are constantly evolving, many people attribute the success of enterprises to the ways they deploy and take advantage of new technologies, not only to make their operations more efficient but most importantly to refine and adopt new effective and adaptive business models. Since the advent of the Internet and the very first Internet service providers (ISP) in operation, the traditional ISP market has been in constant evolution due to the gradual globalisation and commoditisation of ISP services. Deregulation and ICT policies have fostered competition (e.g., unbundling of the local loop and so forth) as well. The Internet is as an important channel of interaction inside and/or outside enterprises. The essence of the Internet is conducting business and running of business processes over data communication networks based on nonproprietary standards (Porter, 2001). The World Wide Web as a portal represents a major electronic business (e-business) platform accessed through communication channels provisioned by network and service providers (such as ISDN, DSL, WLAN, UMTS, etc.). There are many challenging aspects of the e-Business that must be considered for a sustainable business of an ISP (Petrie et al., 2004).

Internet Neutrality

2016 ◽  
Author(s):  
Maria Löblich
Keyword(s):  
High Speed ◽  
Business Models ◽  
Service Providers ◽  
The United States ◽  
The Internet ◽  
Communication Studies ◽  
Net Neutrality ◽  
Internet Service Providers ◽  
Internet Service ◽  
Internet Neutrality

Internet neutrality—usually net(work) neutrality—encompasses the idea that all data packets that circulate on the Internet should be treated equally, without discriminating between users, types of content, platforms, sites, applications, equipment, or modes of communication. The debate about this normative principle revolves around the Internet as a set of distribution channels and how and by whom these channels can be used to control communication. The controversy was spurred by advancements in technology, the increased usage of bandwidth-intensive services, and changing economic interests of Internet service providers. Internet service providers are not only important technical but also central economic actors in the management of the Internet’s architecture. They seek to increase revenue, to recover sizable infrastructure upgrades, and expand their business model. This has consequences for the net neutrality principle, for individual users and corporate content providers. In the case of Internet service providers becoming content providers themselves, net neutrality proponents fear that providers may exclude competitor content, distribute it poorly and more slowly, and require competitors to pay for using high-speed networks. Net neutrality is not only a debate on infrastructure business models that is carried out in economic expert circles. On the contrary, and despite its technical character, it has become an issue in the public debate and an issue that is framed not only in economic but also in political and social terms. The main dividing line in the debate is whether net neutrality regulation is necessary or not and what scope net neutrality obligations should have. The Federal Communications Commission (FCC) in the United States passed new net neutrality rules in 2015 and strengthened its legal underpinning regarding the regulation of Internet service providers (ISPs). With the Telecoms Single Market Regulation, for the first time there will be a European Union–wide legislation for net neutrality, but not recent dilution of requirements. From a communication studies perspective, Internet neutrality is an issue because it relates to a number of topics addressed in communication research, including communication rights, diversity of media ownership, media distribution, user control, and consumer protection. The connection between legal and economic bodies of research, dominating net neutrality literature, and communication studies is largely underexplored. The study of net neutrality would benefit from such a linkage.

scholarly journals Penerapan Pendekatan Rule Of Reason Oleh Kppu Dalam Dugaan Pengenaan Harga Eksesif (Studi Kasus Putusan KPPU Nomor Perkara 03/Kppu-I/2017)

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Indra Sanjaya
Keyword(s):  
Market Power ◽  
Public Interest ◽  
Dominant Position ◽  
The Public ◽  
Rule Of Reason ◽  
Per Se ◽  
Abuse Of Dominant Position ◽  
The Cost ◽  
Case Number

To assess whether a particular action of a business actor violates the provisions in Statute Number 5 of 1999, the KPPU and the Court may apply the per se illegal approach or rule of reason, depending on the formulation of the provisions allegedly violated. The rule of reason approach is an approach used by business competition authorities to make an evaluation of the consequences of certain agreements or business activities, to determine whether an agreement or activity is inhibiting or supporting competition. This paper analyzes the rule of reason approach applied by KPPU in cases with Case Number 03 / KPPU-I / 2017 to determine whether PT. Angkasa Pura II (Persero) which does not reduce the cost of shipping and taking cargo at Kualanamu Airport, even though its workload has been reduced, can be classified as a form of monopolization and constitutes a violation of the provisions of Article 17 paragraph (1) and paragraph (2) of Statute Number 5 of 1999. The results of the study showed that the application of the rule of reason by KPPU was carried out through 4 (four) steps, namely: (1). Market identification; (2) Identification of market power; (3) Identification of abuse of dominant position; (4) Identification of impacts on the public interest. Through the application of the rule of reason, KPPU decides that the actions of PT. Angkasa Pura II is a form of monopolization and that the action fulfills the elements in Article 17 paragraph (1) and (2) of Statute Number 5 of 1999.

scholarly journals Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice

2015 ◽  
Vol 14 (5) ◽  
pp. 735 ◽  
Author(s):  
Omphemetse S. Sibanda Sr.
Keyword(s):  
South African ◽  
Public Interest ◽  
Competition Law ◽  
Economic Empowerment ◽  
The South ◽  
Policy And Practice ◽  
Competition Analysis ◽  
The Public ◽  
Black Economic ◽  
Black Economic Empowerment

The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest. The South Africas competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.

scholarly journals Tinjauan Terhadap Hukum Persaingan Usaha Di Indonesia Dari Perspektif Hukum Perlindungan Konsumen

2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Competition Law ◽  
Unfair Competition ◽  
Public Welfare ◽  
Business World ◽  
The Public ◽  
Fair Competition ◽  
Consumer Interests ◽  
The Law

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.

scholarly journals The role of EU competition law in health care and the ‘undertaking’ concept

2020 ◽  
pp. 1-14
Author(s):  
Johan W. van de Gronden ◽  
Mary Guy
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Public Interest ◽  
Public Funding ◽  
Competition Law ◽  
The European Union ◽  
Care Providers ◽  
The Public ◽  
Eu Competition Law ◽  
Health Care Context

Abstract Part of the controversy surrounding competition and health care stems from the complexity connected with delineating the applicability of competition law – encompassing both the provisions governing anticompetitive agreements and abuse of dominance and the state-aid rules. Cases determined at the European Union (EU) level within the past 30 years have developed a broad framework, and notable trends have emerged – for example, a distinction between health care providers and managing bodies (purchasers). The former have been subject to an ‘abstract’ test and the latter to a more sophisticated ‘concrete’ test. In this paper, we chart the development of the EU courts’ approach to developing the ‘undertaking’ concept in health care and examine the current EU competition law framework with a view to identifying future directions. van de Gronden has recently identified a ‘three-prong’ test of exemption from competition law in connection with the recent CEPPB case: firstly, where the supply of services is predominantly dependent upon public financing; secondly, the public funding aims to achieve a public interest goal and thirdly, the activities concerned are closely related to this public interest goal. We examine this test in a health care context, drawing on our findings regarding Dutch competition reforms.

The Design and Implementation of Business Models in Metropolitan Broadband Networks

2011 ◽  
pp. 196-210 ◽  
Author(s):  
Antonios Alexiou ◽  
Christos Bouras ◽  
John Primpas ◽  
Dimitrios Papagiannopoulos
Keyword(s):  
Business Models ◽  
Service Providers ◽  
Access Network ◽  
Wireless Systems ◽  
Cost Effective ◽  
Area Network ◽  
Broadband Networks ◽  
Metropolitan Area Network ◽  
The Public ◽  
The City

This chapter presents the design principles that cover the implementation of broadband infrastructure in the region of Western Greece, by examining all the necessary parameters that arise while implementing such a critical developmental project. The broadband infrastructure that is deployed is either based on optical fiber (on big municipalities) or on wireless systems (OFDM based and WiFi cells). Furthermore, we present as two case studies all issues of the designing of the Metropolitan Area Network of Patras, the third largest city of Greece and the Wireless Access Network of Messatida. The major target of the broadband networks is to interconnect the buildings of the public sector in the city and also deploy infrastructure (fibers or wireless systems) that will create conditions of competition in providing both access and content services to the advantage of the end consumer. The usage of the broadband infrastructure by service providers will be based on the open availability of the infrastructure in a cost-effective way. Finally, we present the main characteristics of a proposed business plan that ensures financial viability of the broadband infrastructure and guarantees the administration, growth, and exploitation of infrastructure.

Sign in / Sign up

Export Citation Format

Share Document