Geo-blocking : Unjustified Barrier to the Digital Single Market or Legitimate Commercial Practice?
Kling, Oona (2018-08-27)
Geo-blocking : Unjustified Barrier to the Digital Single Market or Legitimate Commercial Practice?
Kling, Oona
(27.08.2018)
Julkaisu on tekijänoikeussäännösten alainen. Teosta voi lukea ja tulostaa henkilökohtaista käyttöä varten. Käyttö kaupallisiin tarkoituksiin on kielletty.
suljettu
Julkaisun pysyvä osoite on:
https://urn.fi/URN:NBN:fi-fe2018092036189
https://urn.fi/URN:NBN:fi-fe2018092036189
Tiivistelmä
This study examines the relationship between geo-blocking and competition law. The term geo-blocking refers to territorial restrictions that prevent consumers form accessing online content based on their territorial location. One of the objectives of the EU competition law is that creation of Digital Single Market which aims to make standardized rules across the EU for copyright. However, the nature of copyright protection is territorial and depends on national legislations. In order the digital single market to work efficiently, some of these territorial limitations linked to copyright should be reduced or even abolished. Therefore, the main purpose of this study is to examine the problems related to geo-blocking from the right holder and consumer perspective.
The aim of this study is to examine does geo-blocking constitute unjustified commercial barriers within the EU. In order to answer this question, the relationship between competition law and restrictions imposed by copyright law needed to be examined. The relevant case law, including Coditel and Murphy cases, is examined and analyzed closely.
The current legal status of geo-blocking has been amended in the beginning of 2018. However, legislation does not cover audiovisual works which form a significant part of the goods protected under copyright. Therefore, it has been widely recognized that the best way to tackle this issue is a reform of copyright law but it is difficult to achieve. The territorial nature of copyright, together with the unwillingness of right holders to grant territorially open licenses, creates obstacles for the reform. Despite of the difficulties, the recent legal developments have shown that the EU is actively addressing the issue of geo-blocking in order to achieve well-functioning digital single market.
The aim of this study is to examine does geo-blocking constitute unjustified commercial barriers within the EU. In order to answer this question, the relationship between competition law and restrictions imposed by copyright law needed to be examined. The relevant case law, including Coditel and Murphy cases, is examined and analyzed closely.
The current legal status of geo-blocking has been amended in the beginning of 2018. However, legislation does not cover audiovisual works which form a significant part of the goods protected under copyright. Therefore, it has been widely recognized that the best way to tackle this issue is a reform of copyright law but it is difficult to achieve. The territorial nature of copyright, together with the unwillingness of right holders to grant territorially open licenses, creates obstacles for the reform. Despite of the difficulties, the recent legal developments have shown that the EU is actively addressing the issue of geo-blocking in order to achieve well-functioning digital single market.