Online Copyright Research Articles

The thorny issue of IP address retention and online copyright infringement: The Full Court shows the way in La Quadrature du Net and Others

The thorny issue of IP address retention and online copyright infringement: The Full Court shows the way in La Quadrature du Net and Others

Data retention in the light of copyright infringements: Protecting the status quo or seeking a third way? (Case C-470/21 La Quadrature du Net II)

In La Quadrature du Net II, the EU Court of Justice addressed – once again – the issue of the application of national retention legislation providing for the generalized retention of telecommunications data. This time, unlike in the previous cases, the problem was examined not in relation to measures used in the areas of combating serious crime or pursuing national security objectives, but in relation to counteracting online copyright infringements. Hence the case, decided by the CJEU sitting as the Full Court, concerned an important and topical issue, namely the possibility of countering mass copyright infringements in a situation where, according to a strict reading of the previous case law, the permissibility of imposing an obligation on telecommunications operators to collect information on users’ IP addresses was questioned. The LQDN II judgment – commented on by some as diverging from previous case law – is an important and necessary complement to the Court's earlier interpretation and, at the same time, a guideline on how to design retention laws to be applied not only in the area of countering copyright infringements, but also in other important areas, such as the fight against hate speech.

The Dilemma of Identifying Copyright Infringement Liability of Network Platform under Algorithm Recommendation Model

In the digital age, the application of algorithm technology realizes the efficient transformation from “people looking for information” to “information looking for people”, which greatly expands the transmission boundary of articles and video content. However, to some extent, this kind of change also intensifies the problem of copyright infringement on the network platform. Once online copyright works are published, they can be widely disseminated, and it is difficult to remedy the damage suffered by them. The existing laws and regulations have deficiencies in this regulation. This paper starts from the dilemma of network copyright protection under the algorithm recommendation mode, and puts forward some relief measures such as platform filtering obligation based on the actual situation.

COPYRIGHT INFRINGEMENT IN THE DIGITAL AGE: THE CASE FOR REFORM TO KAZAKHSTAN’S COPYRIGHT LAWS

Background: The rapid digitalisation of copyrighted materials and the creation of new digital products pose significant challenges to copyright law in the era of globalisation. Digitisation has revolutionised access to information by converting it into a digital format, thus making it easier for anyone who surfs the internet to reproduce and share data. However, new technologies have also resulted in illegal activities such as online copyright infringement. That being the case, the development of digital technologies requires new relevant approaches and provisions from the national copyright law of Kazakhstan to handle copyright infringement on the internet. It could be argued that the current legislation cannot handle legal issues related to copyright, especially the responsibility of internet service providers (ISPs) for the violation of the copyright. This article aims to identify shortcomings in the legal regulation of ISPs in the Republic of Kazakhstan and to offer recommendations for improving legislation in this area. The novelty of the paper lies in Kazakhstan’s legislation, lacking regulation on the legal status of ISPs and their role in protecting copyright on the internet. By comparing Kazakh legislative developments with practices in the US, UK, and Ukraine, the paper provides insights into potential reforms for better handling digital copyright infringement. Methods: This paper applies several research methods, including systemic, comparative legal, and historical legal analysis. The primary focus is on examining the legislation and case law of the US, UK and Ukraine regarding copyright issues to enhance Kazakhstan’s existing legislative framework. Results and conclusions: This article argues that national acts of Kazakhstan on copyright were obsolete before the advancement of digital technologies and therefore, need to be updated to keep pace with modern technologies.

Legal Provisions and Practical Effects of Burden of Proof in Online Copyright Infringement Cases Under China’s Copyright Law

This paper explores the legal provisions and practical effects of the burden of proof in online copyright infringement cases under China’s Copyright Law. With the rapid growth of digital technology and the increasing prevalence of online platforms, copyright infringement has become a significant challenge in China. The paper examines the specific rules set forth in the Copyright Law, particularly those that allow for a shift in the burden of proof upon the presentation of preliminary evidence by the copyright holder. It analyzes the impact of these provisions on both plaintiffs and defendants, highlighting the benefits of empowering copyright holders and the challenges associated with procedural fairness, evidentiary standards, and judicial consistency. The paper also discusses the evolving use of digital evidence, such as blockchain technology, and the need for clearer guidelines to balance the rights of all parties. Ultimately, it argues for continued refinement of the legal framework to ensure effective and equitable copyright enforcement in the digital age.

The economics of copyright in the digital age

AbstractIntellectual property rights are fundamental to how economies organize innovation and steer the diffusion of knowledge. Copyright law, in particular, has developed constantly to keep up with emerging technologies and the interests of creators, consumers, and intermediaries of the different creative industries. We provide a synthesis of the literature on the law and economics of copyright in the digital age, with a particular focus on the available empirical evidence. First, we discuss the legal foundations of the copyright system and developments of length and scope throughout the era of digitization. Second, we review the literature on technological change with its opportunities and challenges for the stakeholders involved. We give special attention to empirical evidence on online copyright enforcement, changes in the supply of works due to digital technology, and the importance of creative re‐use and new licensing and business models. We then set out avenues for further research identifying critical gaps in the literature regarding the scope of empirical copyright research, the effects of technology that enables algorithmic licensing, and copyright issues related to software, data and artificial intelligence.

Research in "Duty of Filtering" of Chinese E-commerce Platform in the Scope of Copyright Protection -- Refer to Article 17 of the Directive on Copyright in the Digital Singles Market

With the development of Internet technology and the advent of the era of user-generated content, copyright infringement occurs frequently. The e-commerce platform, which is dominant in the operating transaction space, needs to supervise and manage the selling activities of the merchants in the platform. The issue under discussion in this paper is whether the "duty of notice" to be performed by e-commerce platforms in the regulation of infringement occurs after the infringement and does not require the right holder to give effective notice of infringement to the e-commerce platform, and the criteria for determining the platform's high duty of care ("Duty of Filtering") in judicial practice. This paper adopts a literature and doctrine analysis method to summarize and analyze the core claims of scholars. By adopting the empirical analysis method, a sample of 200 judicial decisions related to the "Duty of Filtering" of e-commerce platforms in online copyright infringement was collected from various platforms, and the typical cases retrieved were summarized and integrated to summarize the current situation of judicial application of the Duty of Filtering of e-commerce platforms. Through a combination of empirical and theoretical research, the current status of the determination of the "filtering obligation" of e-commerce platforms in China is explored, as well as the court's thinking on the case that should be adjusted in light of Article 17 of the EU Directive on Copyright in the Digital Singles Market.

Regulating Creativity Online: Proposal for an EU Copyright Institution

Abstract In 2019, the EU adopted a new copyright directive aiming to modernise the legal rules established in the 2001 InfoSoc Directive, as well as promote a better functioning ‘digital single market’ for the exploitation of creative works and other protected subject matter. However, after extensive negotiations and compromises reached at the legislative level, the ongoing implementation of the directive into national law seems to have deepened existing regulatory differences between Member States. The result of this (and past) failed attempts to approximate national copyright regimes have led to copyright being the least harmonised of all IP rights in the EU. Furthermore, legislative interventions so far have often attracted criticisms for not sufficiently taking account of public interest concerns and safeguarding fundamental rights in the offline and online world. Therefore, the time has come to consider another perspective on harmonisation: one which focuses on improving the existing institutional and regulatory arrangement for copyright in the EU by providing a new avenue for Member State cooperation in oversight, policy-building and enforcement. In recent years, particularly considering the many challenges of regulating conduct online, attention has been increasingly focussed on re-centralising certain regulatory tasks to public, independent EU level authorities. Given the growing number of cross-border enforcement issues in administering copyright in the online environment, an EU-level regulator may also be better placed to monitor the copyright-relevant activities of online platforms, centralise EU-wide dispute resolution, deliver policy advice on the future design of copyright legislation, and help coordinate Member State enforcement and regulatory practices. Such a public regulator would also likely be in a better position than private actors to guarantee a fair balance of interests and the respect of fundamental rights online, giving shape to what has recently been conceptualised as ‘digital constitutionalism’. If created, such an authority may, in the long term, help to ensure greater levels of transparency, predictability and certainty for EU copyright stakeholders participating in the online content marketplace. Centring on the premise that the established institutional and regulatory frameworks in the EU are no longer capable of promoting the goals of a modern, online copyright, this article explores a specific solution in detail: introducing a new, EU-level public regulator for copyright. Part I first evaluates the available room for manoeuvre in the existing regulatory and institutional framework for administering copyright law in the EU by examining recent trends and developments in EU institutional frameworks. The examples of the European Data Protection Board and the European Board for Digital Services in the DSA are analysed in order to identify parallels and draw inferences for a potential equivalent in the field of copyright. Part II then identifies several key aspects of the Copyright in the Digital Single Market Directive that leave important questions of regulatory design unanswered and proposes several available ‘institutional’ options to improve its implementation. The article concludes with recommendations.

Christián Carman and Rodolfo P. Buzón, Aristarco de Samos

This work by Aristarchus belongs to ancient science, which may be considered in three fields of development: ∘ mathematics, especially that focused on the geometry in Euclid’s Elements or Archimedes’ works; ∘ astronomy, understood as a science that studies all the objects observed in the sky (i.e., the fixed stars, the Sun, the Moon, and the five planets) and their (apparent) movements; and, finally,∘ ancient physics as represented by Aristotle’s works. Reviewed by: Maria Rosa Massa-Esteve, Published Online (2022-07-31)Copyright © 2022 by Maria Rosa Massa-EsteveArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39098/29785 Corresponding Author: Maria Rosa Massa-Esteve,Universitat Politècnica de CatalunyaE-Mail: m.rosa.massa@upc.edu

Paul Kalligas, Chloe Balla, Effie Baziotopoulou-Valavani, and Vassilis Karasmanis, Plato’s Academy: Its Workings and Its History

When it comes to ancient Greek philosophy, the story of Plato’s Academy is as romantic as it gets. In a familiar version, the story begins with Plato’s return from his travels around the Mediterranean. Having acquired a piece of land in a public Athenian garden bearing the name of the mythical hero Hecademus or Academus, Plato established a community that attracted leading intellectuals of the day as well as promising youngsters, male and female, of the Greek elite. For the last four decades of his life, he conducted philosophical conversations with them, gave the occasional public lecture, and supervised various research projects in dialectics and in higher geometry. Reviewed by: Máté Veres, Published Online (2022-07-31)Copyright © 2022 by Máté VeresArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39103/29789 Corresponding Author: Máté Veres,University of TorontoE-Mail: mate.veres@utoronto.ca

Markham J. Geller and Strahil V. Panayotov, Mesopotamian Eye Disease Texts

In spite of an abundance of primary sources, the study of the history of medicine in ancient Near Eastern cultures has never gained as much attention as other genres and texts concerning those cultures. Thus, most of the material is published in copies of the cuneiform texts but not as transcripts or translations, making it hard to access for a broader range of scholars. In recent years, however, the research project BabMed (Babylonische Medizin, 2013–2018), funded by the European Research Council, has focused on editing and publishing those tablets. The book presented here is part of its output. Reviewed by: Franziska Desch, Published Online (2022-07-31)Copyright © 2022 by Franziska DeschArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39094/29781 Corresponding Author: Franziska Desch,Berliner AntikekollegE-Mail: franziska.desch@berlinerantikekolleg.org

C. J. Crisostomo, E. A. Escobar, T. Tanaka, and N. Veldhuis, “The Scaffolding of Our Thoughts”

The volume under review collects 20 essays dedicated by different scholars to Francesca Rochberg, a professor of Assyriology and renowned expert on ancient Mesopotamian celestial divination. Most of the essays deal with Assyriology and discuss cuneiform sources. Reviewed by: Lorenzo Verderame, Published Online (2022-07-31)Copyright © 2022 by Lorenzo Verderame Article PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39091/29780 Corresponding Author: Lorenzo Verderame,“Sapienza” Università di RomaE-Mail: lorenzo.verderame@uniroma1.it

Dragos Calma, Reading Proclus and the Book of Causes

There is no doubt that in recent decades there has been an astonishing development in the study of Proclus’ (ad 412–485) philosophy and its reception in the Arabic, Hebrew, and Byzantine worlds. Conferences, monographs, and collective volumes [e.g., d’Hoine and Martijn 2016] dedicated to the broad scope of his thought, numerous PhD dissertations taking up individual threads of the latter, and postdoctoral research initiatives testify to current scholarship’s everincreasing interest in the philosophical heritage of one of the greatest Neoplatonists. The collective volume under review testifies to this expansion and explores aspects of the influence of the Book of Causes in the Latin West and the reception of Proclus’ highly influential work, the Elements of Theology, mainly in the Latin West but also in Byzantine thought. Reviewed by: Sokratis-Athanasios Kiosoglou, Published Online (2022-07-31)Copyright © 2022 by Sokratis-Athanasios KiosoglouArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39095/29782 Corresponding Author: Sokratis-Athanasios Kiosoglou,KU LeuvenE-Mail: sokratisathanasios.kiosoglou@kuleuven.be

Jacques Sesiano, An Ancient Greek Treatise on Magic Squares

The two earliest Arabic treatises explaining the construction of magic squares date from the 10th century ad. One is found in the Commentary on the Arithmetical [Introduction] (Kitāb tafsīr al-Arithmāṭīqī) by ʿAlī ibn Aḥmad al-Anṭākī (d. 376 H/ad 987). Only book 3 of the original three books is extant, and that in a single manuscript. This book is divided into three chapters: the first is a collection of arithmetical definitions, statements of propositions, and identities assembled from Greek and Arabic sources; the second is on magic squares; and the third deals with “hidden numbers”, in which a person thinks of a number and another discovers it after operations are performed on it. Curiously, none of these chapters have anything to do with Nicomachus’ Arithmetical Introduction, on which the book is supposed to be a commentary. Reviewed by: Jeffrey A. Oaks Published Online (2022-07-31)Copyright © 2022 by Jeffrey A. Oaks Article PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39089/29778 Corresponding Author: Jeffrey A. Oaks,University of IndianapolisE-Mail: oaks@uindy.edu

Ilsetraut Hadot, Simplicius the Neoplatonist

Ilsetraut Hadot belongs to those few scholars who have changed the status of Simplicius from that of merely a mine for Presocratic studies and revealed his value, not only for making out Neoplatonic doctrine but also for understanding the ways of commenting and philosophizing in late antiquity. Since her first article on this author in 1969, she has never ceased to show her interest in him by publishing studies, editions, and translations, as well as by organizing the first international conference dedicated to him (Paris, 1985). Reviewed by: Marc-Antoine Gavray, Published Online (2022-07-31)Copyright © 2022 by Marc-Antoine GavrayArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39101/29787 Corresponding Author: Marc-Antoine Gavray,FRS-FNRS/Université de LiègeE-Mail: marcantoine.gavray@uliege.be

Astronomical Shoptalk in Paris, ca 1246: An Edition and Translation of John of London’s Letter to R. de Guedingue

A unique source on the practical aspects of the scientia astrorum (astronomy and astrology) in medieval Europe has come down to us in the shape of a letter written shortly after 1246 by John of London, an astronomer based in Paris. John used the letter to answer eight questions on technical problems posed to him by his addressee, a certain R. de Guedingue, with subject matters ranging from the rate of precession to the dates of the so-called Dog Days. The article makes this source available via a critical edition (based upon three manuscripts) and an accompanying English translation. An introduction discusses the background and transmission of John’s letter as well as the identities of the letter writer and addressee. The edition and translation are followed by commentaries elucidating the background to each of the eight questions and John’s answers to them. Published Online (2022-07-31)Copyright © 2022 by C. Philipp E. Nothaft Article PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39086/29774 Corresponding Author: C. Philipp E. Nothaft,Trinity College DublinE-Mail: cpenothaft@hotmail.com

Babylonian House Numbers and Squares of Zodiacal Signs: The Origin of the Quadruplicities, Part I

BM 47762 is the rest of a circular tablet, which was divided into 12 sectors by lines from the center to the rim. Each sector was labelled by a zodiacal sign. Our tablet consists in part of the sectors IX, X, XI, and XII, which are concerned with the zodiacal signs of Sagittarius (month IX), Capricorn (month X), Aquarius (month XI), and Pisces (month XII). In lines 2 to 5 of each sector, some four numbers are written, which in pairs can be understood as a date (month, day) or as a position (sign, degree)—just as in the Dodecatemoria and its inverse, the Calendar Texts (Kalendertexte). The combination of number pairs on BM 47762 do not appear in those schemes. However, the difference between the pairs in lines 3, 4, and 5 is always equal to 277, a very special number which is known from the Calendar Texts. Evidently, our number pairs must somehow be connected to those number schemes. This paper investigates and finds a very interesting connection. It shows that all number pairs stand for dates, for which the Dodecatemoria scheme will give the position of the schematic Moon in its four important phases. The second number pairs refer to the months of the section, while the first pairs give the dates of the four important lunar phases three months earlier. The two dates on each line correspond to lunar positions taking place at almost the same position in the zodiac. The zodiacal signs of the lunar phases on days 7, 14, 21, and 28 join to squares which are mostly known from Greek astrology. For example, for month XI, the signs of the Moon have the numbers 2, 5, 8, and 11, i.e., the zodiacal square with 11 as one of the corners. Maybe we here have found the origin of the quadruplicities of the zodiacal signs. Published Online (2022-07-31)Copyright © 2022 by Lis Brack-Bernsen Article PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39087/29776 Corresponding Author: Lis Brack-Bernsen, University of RegensburgE-Mail: lis.brackbernsen@ur.de

José Chabás, Computational Astronomy in the Middle Ages

Astronomical tablets have been a major focus of study by historians of science since the middle of the 20th century. Building upon the pioneering work of E. S. Kennedy, O. Neugebauer, and others, recent scholars have applied a range of techniques drawn from the exact sciences (e.g., computer-aided statistical analysis of tabular data to uncover the mathematical functions underlying a table’s construction), cognitive studies (e.g., examination of how practitioners use a table and what makes a table user-friendly or not), and manuscript studies (e.g., studies of tabular layout and visual clues to the use of tables, such as the presence of color as an indicator or specific final digits to numbers in the column of a table that indicate the nature of the table) to answer questions about the construction, use, and transmission of astronomical tables and the astronomical knowledge that they incorporate. For the past 20 years or so, José Chabás, often working in collaboration with B. R. Goldstein, has been at the forefront of work on early European astronomical tables. Reviewed by: John Steele, Published Online (2022-07-31)Copyright © 2022 by John SteeleArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39096/29783 Corresponding Author: John Steele, Brown UniversityE-Mail: john_steele@brown.edu

The Stars in the Sky and on the Globe: ʿAbd al-Raḥmān ibn ʿUmar al-Ṣūfī’s Visualization of the Heavens

In this paper, I analyze about 50 manuscript copies of ʿAbd al-Raḥmān ibn ʿUmar al-Ṣūfī’s Book of the Images of the Stars (Kitāb ṣuwar al-kawākib althābita). I investigate how the constellations were visualized in those copies, what their changes tell us about the contexts in which Ṣūfī’s book was used, and which iconographic model dominated the transmission. Published Online (2022-07-31)Copyright © 2022 by Sonja Brentjes Article PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39088/29777 Corresponding Author: Sonja Brentjes,Max Planck Institute for the History of ScienceE-Mail: brentjes@mpiwgberlin.mpg.de

Aileen R. Das, Galen and the Arabic Reception of Plato’s Timaeus

The title of Aileen Das’ first monograph, Galen and the Arabic Reception of Plato’s Timaeus, may mislead readers into thinking that she is solely interested in contributing to the growing literature on reception studies of this important Platonic dialogue. As valuable as Das’ contributions to that literature are, in actual fact Das weaves through Greek, Arabic, and Hebrew texts and manuscripts to investigate the relationship between medicine and philosophy in Late Antique Roman and Islamic societies before 1200. Reviewed by: Nahyan Fancy, Published Online (2022-07-31)Copyright © 2022 by Nahyan FancyArticle PDF Link: https://jps.library.utoronto.ca/index.php/aestimatio/article/view/39102/29788 Corresponding Author: Nahyan Fancy,DePauw UniversityE-Mail: nahyanfancy@depauw.edu