Darius Whelan
University College Cork
Global Congress on Intellectual Property and the Public Interest
American University Washington College of Law
Washington, DC, August 2011
Data Protection and "Intermediary" Responsibility: An Historical PerspectiveDavid Erdos
These slides look historically at the tension between being in "control" of personal data and benefiting from certain freedom of expression shields when acting as an “intermediary” between an original content producer and an end user. It is show that these tensions emerged as early as the 1980s in European data protection, with both the French and certain Scandinavian Data Protection Authorities (DPAs) adopting a strict construction of law vis-à-vis provides of interactive services on the Minitel and various news archive and other public databases respectively. By the late 1990s when the e-Commerce Directive 2000/31/EC was being negotiated a similar tension re-emerged in the form of the data protection “exemption” (art. 1(5)(b)) and the more general ambiguity as to whether “active” as opposed to “passive” services could benefit from the “host” shield (art. 14) in any case. A partial solution to the latter question was found in the reasonable “duties of care” preamble inserted in the instrument as recital 48. These early debates cast a new perspective on more contemporary developments in EU data protection and e-Commerce case law including C-131/12 Google Spain, C-507/17 Google v CNIL and C-18/18 Glawischnig-Piesczek.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Prezentacja zaprezentowana podczas konferencji "Chcieć to móc, czyli jak działania strażnicze zmieniają świat" 12-ego marca 2010 w Warszawie
więcej na www.watchdog.org.pl
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
Data Protection and "Intermediary" Responsibility: An Historical PerspectiveDavid Erdos
These slides look historically at the tension between being in "control" of personal data and benefiting from certain freedom of expression shields when acting as an “intermediary” between an original content producer and an end user. It is show that these tensions emerged as early as the 1980s in European data protection, with both the French and certain Scandinavian Data Protection Authorities (DPAs) adopting a strict construction of law vis-à-vis provides of interactive services on the Minitel and various news archive and other public databases respectively. By the late 1990s when the e-Commerce Directive 2000/31/EC was being negotiated a similar tension re-emerged in the form of the data protection “exemption” (art. 1(5)(b)) and the more general ambiguity as to whether “active” as opposed to “passive” services could benefit from the “host” shield (art. 14) in any case. A partial solution to the latter question was found in the reasonable “duties of care” preamble inserted in the instrument as recital 48. These early debates cast a new perspective on more contemporary developments in EU data protection and e-Commerce case law including C-131/12 Google Spain, C-507/17 Google v CNIL and C-18/18 Glawischnig-Piesczek.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Prezentacja zaprezentowana podczas konferencji "Chcieć to móc, czyli jak działania strażnicze zmieniają świat" 12-ego marca 2010 w Warszawie
więcej na www.watchdog.org.pl
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to t...beamatinet
Conference Jan. 23 2012, Stanford Law School on SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to tackle online infringement?
(by @beamartinet)
Art. 13(1) of the DSM Directive: a comparative perspective
Roberto Caso and Federica Giovanella
This presentation illustrates the reasons that in the Nineties led the USA Digital Millennium Copyright Act’s (DMCA) drafters to leave out of the Act a provision imposing content recognition technologies.
The drafters reached the conclusion that imposing such an obligation on providers would create a number of imbalances between the rights at stake and threaten the public interest.
We argue that despite the technological development, the same reasons still hold true today and that the European Union should resist imposing such obligations on providers. Hence, art. 13(1) of the Proposal for a Directive on Copyright in the Digital Single Market (DSM Directive) should be delated.
Finally, we maintain that in case of enactment of the current text, the Court of Justice of the EU could still help in re-balancing the rights at stake and serving the public interest that art. 13(1) would threaten.
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to t...beamatinet
Conference Jan. 23 2012, Stanford Law School on SOPA, OPEN, ACTA and parallel copyright reforms in Europe, The right way to tackle online infringement?
(by @beamartinet)
Art. 13(1) of the DSM Directive: a comparative perspective
Roberto Caso and Federica Giovanella
This presentation illustrates the reasons that in the Nineties led the USA Digital Millennium Copyright Act’s (DMCA) drafters to leave out of the Act a provision imposing content recognition technologies.
The drafters reached the conclusion that imposing such an obligation on providers would create a number of imbalances between the rights at stake and threaten the public interest.
We argue that despite the technological development, the same reasons still hold true today and that the European Union should resist imposing such obligations on providers. Hence, art. 13(1) of the Proposal for a Directive on Copyright in the Digital Single Market (DSM Directive) should be delated.
Finally, we maintain that in case of enactment of the current text, the Court of Justice of the EU could still help in re-balancing the rights at stake and serving the public interest that art. 13(1) would threaten.
David Rose & Axel Walz Presentation at MIP European Patent Reform Forum 2014King & Wood Mallesons
David Rose and Axel Walz spoke at the Managing Intellectual Property European Patent Reform Forum in Munich on 9 September 2014 on the likely role of the Court of Justice of the European Union under the new regime. They were joined on the panel by Judge Dr. Matthias Zigmann, Presiding Judge of the Munich I Regional Court.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Hunger Strikes in Prison: The Legal Issues Oct 2020Darius Whelan
‘Hunger Strikes in Prison: The Legal Issues’, Conference Paper at conference, "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020", School of History, University College Cork, October 2020
Copyright for Digital Learning
Darius Whelan
Irish Universities Association - Enhancing Digital Teaching and Learning in Irish Universities - Online Seminar, June 2020
Link to resources cited:
https://bit.ly/copyright_open_IUADigEd_June2020
Employees and Internet Use - Legal PerspectiveDarius Whelan
E Law Developments: Employees and Internet Use
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
http://www.ucc.ie/law/courses/
E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
https://www.ucc.ie/en/law/courses/
LLM in Intellectual Property and E Law, University College Cork, IrelandDarius Whelan
LLM in Intellectual Property and E Law, University College Cork
School of Law
https://www.ucc.ie/en/lawsite/ucc-master's-law/
https://www.ucc.ie/en/ckl16/
Human Rights and Mental Health TribunalsDarius Whelan
Irish Association of Social Workers
Learning from each other; Critical Reflections on the intersections between the Mental Health Act 2001 and Human Rights.
Dublin, February 2019
Developing Students' E-Literacy (Teaching and Learning)Darius Whelan
Presentation at University College Cork Digital Day, December 2014
http://www.ucc.ie/en/teachlearn/tel/digitalday2014/
Organised by Vice Presiodent for Teaching and Learning.
Ionad Bairre.
Prosecuting Cybercrime and Regulating the WebDarius Whelan
‘Prosecuting Cybercrime and Regulating the Web’, at seminar on the current State of Cybercrime and Cyberwar seminar, organised by the MA in Journalism with New Media class, in conjunction with CIT Development Office, Cork Institute of Technology, March 2014
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Overview on Edible Vaccine: Pros & Cons with Mechanism
Recent European Litigation on the Legality of Internet Filtering for Copyright Reasons
1. Recent European Litigation on the Legality of Internet Filtering for Copyright Reasons Darius Whelan, University College Cork Global Congress on IP and the Public Interest, Washington, August 2011
7. EMI v UPC (2010) Internet Piracy devastating music business Privacy – not infringed. IP addresses just a set of numbers. Copyright is private property right Irish Act (2000) only permitted orders re “removal” but UPC is mere conduit Art.15 no general obligation to monitor not relevant Did not grant order due to wording of Irish Act Previous Irish “three strikes” settlement still in place 3
9. Scarlet v Sabam (2011) 5 Opinion of Advocate General. Not binding Very wide Belgian court order in issue Order unduly restricts privacy / personal data Law should be accessible, clear and predictable Filtering and blocking not accompanied by adequate safeguards
11. R. (BT and TalkTalk) v SS BIS (2011) Digital Economy Act 2010 Role of ISPs “passive” Mere conduit issue – ISPs were not being made liable for the info. transmitted Proportionality? Parliament had struck balance Code could deal with library hot-spots, etc. IP addresses are personal data Derogation under E-Privacy Directive – right to property No reference of questions to ECJ 7
13. Newzbin 2 case (2011) 9 Order to block access to Newzbin site Contrasted with Scarlet v Sabam Art. 1 First Protocol ECHR – property rights Art. 10 ECHR – freedom of expression Apply copyright legislation in manner which accommodates freedom of expression Deference to Parliament Claimants’ property rights clearly outweighed FoE rights of newzbin users, and even more clearly outweighed FoE rights of operators of newzbin
15. Conclusion Lack of clarity re some key issues in European law, e.g. ambiguity about due process in Framework Directive; Promusicae balance unclear Due Process arguments have potential. Also art.6 ECHR. Note relationship property rights Art.1 First protocol and other rights such as privacy and FoE. More nuance in newzbin 2 case on this – apply legislation in manner which accommodates FoE Can internet users waive fundamental rights? Is it proportionate? Are customers aware of click-wrap terms? Couldn’t files have been downloaded by person not a party to contract? 11
16. 12 Courts’ approaches affected by attitudes. EMI v UPC – anger at copyright violations. Scarlet – More concern about internet users’ rights Scarlet case very successful from human rights perspective, but very much affected by facts of case Orders against ISPs inherently questionable – result in over blocking and under blocking; users can circumvent blocking systems; orders interfere with net neutrality