scholarly journals Country Case Study. Who Owns a Video Game in Spain?

Author(s):  
LAURA CABALLERO TRENADO

<p>How is a video game legally protected? In Spain there is no specific regulation that shields the creation of a video game. This absence implies that we have to conceive a video game as a mosaic of separate pieces and treat them as different works, in order to grant it comprehensive protection. Thus, on the one hand, it is necessary to process and register the computer program (software) that supports the video game. On the other, the same must be done with the visual part (audiovisual work). This Article deals with the protection of the software and the graphic part, as well as the catalog of rights inherent to both. There are many “gray areas” presented by the abundant casuistry, which is a challenge from the legal point of view. Due to the above, given that the legislation on the subject is insufficient to answer all the questions, it is necessary to resort to the jurisprudence of the Court of Justice of the European Union (CJEU), in order to clarify and delimit the scope of the different ways of protecting a video game, since, according to what has been pointed out, there is no glimpse of a proposal to standardize this matter on the near horizon.</p>

2021 ◽  
Author(s):  
LAURA CABALLERO TRENADO

<p>How is a video game legally protected? In Spain there is no specific regulation that shields the creation of a video game. This absence implies that we have to conceive a video game as a mosaic of separate pieces and treat them as different works, in order to grant it comprehensive protection. Thus, on the one hand, it is necessary to process and register the computer program (software) that supports the video game. On the other, the same must be done with the visual part (audiovisual work). This Article deals with the protection of the software and the graphic part, as well as the catalog of rights inherent to both. There are many “gray areas” presented by the abundant casuistry, which is a challenge from the legal point of view. Due to the above, given that the legislation on the subject is insufficient to answer all the questions, it is necessary to resort to the jurisprudence of the Court of Justice of the European Union (CJEU), in order to clarify and delimit the scope of the different ways of protecting a video game, since, according to what has been pointed out, there is no glimpse of a proposal to standardize this matter on the near horizon.</p>


2018 ◽  
Vol 20 (2) ◽  
pp. 173-187
Author(s):  
Pauline Melin

In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.


Res Publica ◽  
1994 ◽  
Vol 36 (3-4) ◽  
pp. 361-380
Author(s):  
Paul Magnette

This paper examines the evolving ideological content of the concept of citizenship and particularly the challenges it faces as a consequence of the building of the European Union. From an epistemological point of view it is first argued that citizenship may be described as a dual concept: it is both a legal institution composed of the rights of the citizen as they are fixed at a certain moment of its history, and a normative ideal which embodies their political aspirations. As a result of this dual nature, citizenship is an essentially dynamicnotion, which is permanently evolving between a state of balance and change.  The history of this concept in contemporary political thought shows that, from the end of the second World War it had raised a synthesis of democratic, liberal and socialist values on the one hand, and that it was historically and logically bound to the Nation-State on the other hand. This double synthesis now seems to be contested, as the themes of the "crisis of the Nation State" and"crisis of the Welfare state" do indicate. The last part of this paper grapples with recent theoretical proposals of new forms of european citizenship, and argues that the concept of citizenship could be renovated and take its challenges into consideration by insisting on the duties and the procedures it contains.


The tool identified for data collection of this research project is a video game, which makes the topic of the representation of space in videogame an absolutely relevant aspect for the project. This work bases on the statement of Jenkins, according to which “game space never exists in abstract, but always experientially”. In the current generation of video games, talking about position of the camera assumes a different value than in film or television language, assuming the meaning of point of view from which the game is visually (and auditory) presented and determines the spatial perspective of a computer game. The most common distinction, with respect to the position of the camera, is between First Person Camera, where space is presented from the perceptive perspective of the player's avatar and Third Person Camera, where the perspective is not directly the one of the avatar. This category, in fact, is very extensive, and poorly lends itself to a single definition. Under the umbrella of Third Person Camera are both perspectives associated with the avatar, but framing it externally (a camera follows the avatar) and those in which the camera is fixed. Moreover, the position of the camera compared to the avatar (from behind, left, right, Orbit Camera, etc.), or with respect to the environment (from above, from a precise point of reference) is not a neutral choice. In the present work, we use the categorization proposed by Britta Neitzel (Neitzel, 2002), which, taking up the work of Jean Mitry about The Aesthetics and Psychology of the Cinema (Mitry & King, 1997), distinguishes between subjective, semisubjective or objectives views. The chapter provides examples of different perspectives, and introduces the concept of Natural User Interfaces, which include movements based on input and output, on discretion, on voice, and evolve towards an efficient use of the senses in the interaction with machines.


1999 ◽  
Vol 15 (4) ◽  
pp. 701-709 ◽  
Author(s):  
Dina Czeresnia

In this article the author presents a point of view which she considers central to understanding the difference between prevention - associated with the traditional discourse of public health - and health promotion, an idea in connection with which proposals are now being presented for rethinking and redirecting public health practices. This perspective relates to the limits of the health and disease concepts in relation to the concrete experiences of health and illness. On the one hand, practical awareness of this limit implies far-reaching changes in the way scientific knowledge is related to (and used in) the formulation and organization of health practices; on the other, health promotion projects also avail themselves of the concepts guiding the discourse of prevention. This leads to certain difficulties that appear as inconsistencies or gray areas in the operationalization of promotion projects, which do not always succeed in asserting their nature as distinct from traditional preventive practices.


2019 ◽  
Vol 30 (4) ◽  
pp. 1187-1220
Author(s):  
Francisco de Abreu Duarte

Abstract This article develops the concept of the monopoly of jurisdiction of the Court of Justice of the European Union (CJEU) through the analysis of the case study of the Investment Court System (ICS). By providing a general framework over the criteria that have been developed by the Court, the work sheds light on the controversial principle of autonomy of the European Union (EU) and its implications to the EU’s external action. The work intends to be both pragmatic and analytical. On the one hand, the criteria are extracted as operative tools from the jurisprudence of the CJEU and then used in the context of the validity of the ICS. This provides the reader with some definitive standards that can then be applied to future cases whenever a question concerning autonomy arises. On the other hand, the article questions the reasons behind the idea of the monopoly of jurisdiction of the CJEU, advancing a concept of autonomy of the EU as a claim for power and critiquing the legitimacy and coherence of its foundations. Both dimensions will hopefully help to provide some clarity over the meaning of autonomy and the monopoly of jurisdiction, while, at the same time, promoting a larger discussion on its impact on the external action of the EU.


2018 ◽  
Vol 10 (3) ◽  
pp. 56-82
Author(s):  
Elena Griglio ◽  
Nicola Lupo

Abstract The article draws comparisons between inter-parliamentary cooperation in the European Union and at the international level. It recognises that, notwithstanding a strong international imprint, inter-parliamentary relations in the EU have gradually experienced somewhat distinctive pushes, deeply embedded in the unique constitutional arrangement of the Union. On the one hand, the composite nature of EU constitutionalism, and its impact on parliaments’ relationship with the democratic oversight rationale, have exercised a major influence on the aims and scope of inter-parliamentary cooperation. On the other hand, from the organisational point of view, the distinctive structure of parliamentary representation in the EU has pushed inter-parliamentary arrangements into a multi-layered design, consisting of a large variety of vertical formats. The article argues that inter-parliamentary cooperation in the EU is expected to act as a sui generis practice when compared to apparently similar forms of transnational dialogue amongst parliaments. In theory, at least, the EU sets ideal conditions for fulfilling an authentic collective parliamentary dimension, instrumental to the democratic oversight of the executives. Instead, focusing on the practice, the full potential of EU inter-parliamentarism is not yet fulfilled, for two set of reasons: the unresolved ambiguities over its contribution to parliamentary democracy and the lack of a real capacity to depart from the formats of international parliamentary institutions.


2009 ◽  
Vol 105 (1/2) ◽  
Author(s):  
Jo Lorentzen

This paper is concerned with how changes in the global economy, triggered by actions undertaken in one part of the world, can affect the lives and the prospects of poor rural people, as well as the environment they live in, in another very distant part of the world. It analyses the linkages between changes in the European Union (EU) sugar regime and the economic fortunes and the environmental future of a very poor and highly water-stressed area in southern Africa—the Incomati River Basin—where sugar production is the single most important economic activity. The case study epitomises the complex interactions between trade liberalisation on the one hand and poverty and the environment on the other.


2021 ◽  
Vol 65 (12) ◽  
pp. 128-140
Author(s):  
T. Rovinskaya

The article investigates the changes in environment that occurred in response to economic processes during the COVID&#8209;19 pandemic (2019–2021), and related transformation of socio-political attitudes towards Green Policy and Green Economy. From the environmentalistic point of view, the pandemic played a twofold role. On the one part, it allowed the nature to “take a break” from an excessive anthropogenic pressure on the atmosphere and hydrosphere, and once again mobilized the humanity to reconsider the principles of interaction with the environment. On the other part, different types of pollution (daily and medical waste, plastic) increased dramatically; funding of international and national environmental programs was cut due to the economic recession worldwide. Nevertheless, the multidimensional crisis caused by the pandemic gave a new chance to the Green Economy. The most influential states of the world (the EU countries, USA, China and Russia) actively implement the Green Economy instruments at the state level. This process incorporates all economy sectors: finances, energy, industry, transport, agriculture and other. The European Union which had taken this path before the pandemic started is in an advanced position. At the same time, the foundations of the future environment-oriented economic policy are already enshrined in official documents (strategies, action plans, legislative acts, etc.) adopted by the leading nations thus far. Noteworthy is that the COVID&#8209;19 crisis has updated the green political and economic agenda globally, regardless of differences between the states, which verifies the importance and necessity of agreeing a conceptually new approach to interaction with the environment in the short and long term.


Author(s):  
Darshan Yadav ◽  
Daniel Long ◽  
Beshoy Morkos ◽  
Scott Ferguson

Abstract A widely held belief among design practitioners is that an ideal design solution is the one that meets all the requirements while minimizing surplus cost incurred by exceeding requirements. In this research, we challenge this notion by exploring if providing design “excess”, the ability of a solution to exceed certain requirements, can increase the value of a solution to its end users. A case study is performed in the video game industry to explore if design excess is prevalent and its impact on the industry. This study is performed by examining various PC builds (budget, mid-range, and high-end dream) and gaming consoles (Microsoft Xbox and Sony PlayStation) over an 18-year period. Based on a thorough investigation of video game requirements and capacity of different hardware, we find that design excess has existed in computer hardware and is intentionally used as a design property. The results indicate that mid-range solution provide the greatest value to its customers. Further, PC excess based value is adjusted during years when consoles are released. Using measurements of excess, this study also reveals a shift in technology push versus pull that occurs during the mid-2000s and is observable through the lens of system excess.


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