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6 Overview of Legal Aspects in the European Union
Pages 19-23

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From page 19...
... For example, authors may wish to grant the exclusive translation and publishing rights of their work to one particular producer or publisher and not to others, just to make sure that there is no illegal reprint of books, which would then transform the book as a product into a public good, which would deprive both authors and the producer of the original version of substantial income, which in turn would lead to an underinvestment into books. The problem of exclusion of access may arise when intellectual property protection is granted to sole source products.
From page 20...
... Who is to fix the price? In industrialized states, state authorities supervising prices were generally abolished after World War II, and the only legal instrument of at least indirectly controlling prices is antitrust law, which controls abuses of dominant market positions.
From page 21...
... First, a brief word on harmonization strategies in the field of copyright. The European Union has not created a community copyright similar to their community trademark, community design model, and community patent.
From page 22...
... BSkyB obtained legislation that made the production and sale of unauthorized decoders illegal. This ultimately led to the adoption of the European directive on access control, which protects any service that provides and allows access or is based on an access control, making it illegal to manufacture, import, or commercially advertise circumventing devices (it does not subject the act of circumventing itself to the prohibition)
From page 23...
... The real problems result from a too broad legal protection mainly in the field of sui generis database protection. There are also the economic concerns regarding sole sourcers, global players, and those who really want to block markets that they have either no intention to serve themselves or where they want to seek monopoly rents.


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