Unilateral Termination and Adjustment of the Consumer Contract on Digital Content

2021 ◽  
pp. 283-296
Author(s):  
Juanita Goicovici
2021 ◽  
Author(s):  
Liliia Oprysk

Abstract The EU Digital Content Directive sets out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning contracts for the supply of digital content. The Directive acknowledges the variety of licensing agreements involved in the distribution of digital content, such as between the holders of intellectual property rights, intermediaries and end-users. It is recognised that the consumer’s use of digital content could be restricted under end-user licensing agreements pursuant to intellectual property rights; at the same time, the Directive is without prejudice to other EU law, including copyright. Rather, under Art. 10, the consumer is entitled to remedies from the trader of digital content for lack of conformity where restrictions resulting from a violation of intellectual property rights prevent or limit the use of the content. As the traders of digital content frequently are not the owners of intellectual property rights but rely themselves on a licence, the question arises as to the potential implications of Art. 10 for digital content markets. This paper discusses two such potential implications. The first is whether the efforts to safeguard reasonable consumer expectations could be undermined by the Directive leaving the arrangements between traders and intellectual property right holders out of scope. The second is whether Art. 10 could reinforce the network effects and dominant position of the established players on the market.


2020 ◽  
Vol 12 (1) ◽  
pp. 930
Author(s):  
Jorge Morais Carvalho

Resumen: La Directiva 2019/770, relativa a determinados aspectos de los contratos de suministro de contenidos y servicios digitales, y la Directiva 2019/771, relativa a determinados aspectos de los contratos de compraventa de bienes, publicadas en el Diario Oficial de la Unión Europea en mayo de 2019, representan un hito muy importante en el Derecho contractual europeo en materia de consumo. En el presente texto se analiza el ámbito de aplicación de estos dos instrumentos jurídicos y se destaca el margen de arbitrio que tienen los Estados miembros, señalando los aspectos en los que habrá que modificar el Derecho nacional, en algunos casos reduciendo el nivel de protección de los consumidores.Palabras clave: consumidor, compraventa de bienes, contenido digital, servicio digital, Direc­tiva 2019/770, Directiva 2019/771.Abstract: Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and Directive 2019/771 on certain aspects concerning contracts for the sale of goods, published in the Official Journal of the European Union in May 2019, represent a very impor­tant milestone in European consumer contract law. Throughout this text, an analysis is carried out of the scope of application of these two legal instruments, highlighting the margin of discretion that Member States have and pointing out aspects where national law will have to be modified, in some cases by re­ducing the level of consumer protection.Keywords: consumer, sales contract, digital content, digital services, Directive 2019/770, Di­rective 2019/771.


CCIT Journal ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 20-31
Author(s):  
Untung Rahardja ◽  
Ani Wulandari ◽  
Marviola Hardini

Digital content is content in various formats, whether written, image, video, audio or combination so that it can be read, displayed or played by a computer and easily sent or hared through digital media. Digital content has abundant benefits, especially in the field of promotion. Where when a place of business or a body wants to introduce a product or service that is owned, it definitely requires content such as images as a promotional media. However, if you have to distribute posters to everyone you meet, it is not in line with current technological advancements because you are still using a conventional process. Therefore, to overcome this problem, social media can be used to process digital content easily and quickly. In this study, there are 3 (three) problems that will be overcome by 2 (two) methods, and 3 (three) solutions are produced. The advantage of digital content in social media is that it can be accessed anytime and anywhere, so it is concluded that the use of digital content in social media is able to overcome problems and is a creativepreneur effort found in the promotion system of a journal publisher.   Keywords—Digital Content, Creativepreneur, ATT Journal, Social Media


2020 ◽  
pp. 79-104
Author(s):  
Janice J. Nieves-Casasnovas ◽  
Frank Lozada-Contreras

The purpose of this study was to determine what type of marketing communication objectives are present in the digital content marketing developed by luxury auto brands with social media presence in Puerto Rico, particularly Facebook. A longitudinal multiple-case study design was used to analyze five luxury auto brands using content analysis on Facebook posts. This analysis included identification of marketing communication objectives through social media content marketing strategies, type of media content and social media metrics. Our results showed that the most used objectives are brand awareness, brand personality, and brand salience. Another significant result is that digital content marketing used by brands in social media are focused towards becoming more visible and recognized; also, reflecting human-like traits and attitudes in their social media.


2020 ◽  
Vol 8 (2) ◽  
pp. 201-209
Author(s):  
Muhammet Özcan ◽  
◽  
Serdar Yavuz ◽  

Author(s):  
Corina-Maricica Seserman ◽  
Daniela Cojocaru

Today’s teenagers have a very close relationship with ICTs and the digital space related to them, as they have impacted the way the youth constructs their sense of self and the tools they use to perform their carefully constructed identity. One key element which influences the way one constructs their views by themselves is within the boundaries set by their biological sex and therefore through the behaviors associated with their asigned gender. Through the symbolic interactionist lense, or more specifically through Goffman's dramaturgical theory on the manner in which one presents him/herself in society, this paper looks at the manner in which teenagers use social media platforms and at the way they consume and create digital content in order to present their gender identity. The way teenagers consume and produce digital content differs and depends on how they interpret their ideals of femininity and masculinity, which are afterwards reproduced in the content they post on their social media pages. Therefore this research is an attempt to understand what are the factors teenagers take in account when consuming and producing content. What gender differences can be observed in regards to new media consumption? What difference can be observed in online activity behaviors between males and females? How do they feel about their gender identity concerning fitting in with their peer group? A mix-methodological approach was engaged in the data collection process. In the first stage of the research highschool students (n=324) from the city of Suceava (Romania) participated in taking an online survey. The initial intent was to meet with the young respondents in person, but due to the COVID-19 pandemic this was deemed impossible. For the second stage of data collection, six of the participants who took the online survey were invited to participate in a focus group designed to grasp a better understanding of the results from the previous stage. The discovered findings uncover engaging gender similarities and differences in social media consumption and the type, subject, matter and style in which they posted their content, but also in regards to the performance of the self between the online and offline space.


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