Nils Rauer

Firm/Organization: Hogan Lovells

Blogs: Datenschutz, Global Media and Communications Watch, HL Chronicle of Data Protection, LimeGreenIP News

Latest Articles

DSM Copyright Directive: a new leak reveals there is still a long way to go

November 23, 2018

The provisions of the Copyright Directive (COM(2016)593) are currently being discussed between the Council, the Parliament and the Commission in order to reach a compromise wording. Though these talks are generally strictly confidential, some working documents occassionally find their way out. Here is a summary of the lesons we can learn from the latest document that has leaked. The story so far After months of tense debates, both the Council and the Parliament…

Global Media and Communications Watch

EU Commission provides guidance on new Geo-Blocking Regulation

By Nils Rauer

October 26, 2018

In the European Commission’s plan to create a unified Digital Single Market, the measures to promote e-Commerce are well ranked. A reason for that is the increasing impact that the digital world, and especially online shopping, is having on our lives. The Internet per se recognizes no border, and therefore artificial barriers may feel even more misplaced. To tackle those obstacles to cross-border online activity, the European Commission launched a series of legislative proposals (get…

Global Media and Communications Watch

DSM Watch: EU copyright “Value Gap” – A video guide

By Nils Rauer

October 16, 2018

The European Copyright Directive seeks to strike the right balance between the remuneration received by authors and performers, and the profits made by internet platforms when they make their works accessible. This difference is known as the value gap. Our 4 minute video summary covers the following points: What is it? What’s the issue? What about liability? What’s the challenge? Why does it matter? Where do the European Council and Parliament stand on this? Next steps?…

Global Media and Communications Watch

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

By Lea Kaase & Nils Rauer

September 26, 2018

Only two weeks ago, the Federal Court of Justice (BGH) referred various questions to the Court of Justice of the European Union (CJEU) concerning the liability of the video platform YouTube. There, the court’s queries focused on who is actually responsible for unlawfully uploaded content – just the uploader himself or the service provider as well? Last week, the German judges yet again sat over a case dealing with this…

Global Media and Communications Watch

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

By Nils Rauer

September 12, 2018

After weeks and weeks of debate and the failure to reach a parliamentary consensus in July, the European Parliament today paved the way towards the long-awaited start of the trilogue negotiations amongst the Parliament, the Council and the Commission. The copyright reform is therefore progressing, which is good news as such. However, it was once again a rather close vote as regards Articles 11 and 13 of the draft directive, which concern the new neighbouring…

Global Media and Communications Watch

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

By Nils Rauer

September 10, 2018

Once again, the debate regarding the controversial DSM Copyright Directive is picking up steam. This week, the European Parliament will liaise about the various amendments that will be tabled by a number of different groups of parliamentarians from various political backgrounds. As mentioned in our previous blogs and videos, on 5 July 2018, the European Parliament rejected by 318 votes against, 278 in favour and 31 abstentions the compromise position adopted a week earlier by…

Global Media and Communications Watch

A second market for “used” e-books – CJEU will decide

By Nils Rauer, Alastair Shaw & Penny Thornton

July 30, 2018

Ever since the European Court of Justice (CJEU) in its highly regarded UsedSoft ruling declared the resale of “used” software admissible (dated 3 July 2012, C-128/11), the discussion has persistently centered around the question whether the idea of the so-called exhaustion, upon which UsedSoft is essentially based, could or should be extended to other digital content – such as e-books. The principle of exhaustion states that the resale of works or copies thereof within…

Global Media and Communications Watch

The EU Commission is set to address the challenges of three-dimensional printing

By Nils Rauer

July 11, 2018

Additive manufacturing, more commonly called “three-dimensional printing” or simply “3D printing“, is a truly fascinating technology. Whilst the first experiments date back to the 1960s, with the first meaningful industrial applications following in the 1980s, only throughout the last couple of years has the technology really gained momentum. Meanwhile, the market is growing rapidly. The European Commission’s forecast for the EU sees a business worth about €10 billion by 2021. However, as is often the…

Global Media and Communications Watch

European Parliament votes to reject controversial Copyright Directive proposal

By Nils Rauer, Alastair Shaw & Penny Thornton

July 9, 2018

In a dramatic turn of events, the European Parliament has today voted to reject the compromise position on the controversial draft DSM Copyright Directive, which was adopted by the Committee on Legal Affairs (JURI) of the European Parliament on 20 June 2018. A debate on the draft Directive by the whole European Parliament is now set to take place on 10-13 September 2018. The background to today’s vote is that, as announced immediately after the…

LimeGreenIP News

European Parliament votes to reject controversial Copyright Directive proposal

By Nils Rauer, Alastair Shaw & Penny Thornton

July 5, 2018

Nils Rauer

DSM Copyright Directive: a new leak reveals there is still a long way to go

EU Commission provides guidance on new Geo-Blocking Regulation

DSM Watch: EU copyright “Value Gap” – A video guide

Provider liability: First YouTube, now “uploaded” – next case before the CJEU

DSM Watch – New EU Copyright Directive: Parliament votes to retain controversial aspects

New Copyright Directive: Tension rises in anticipation of European Parliament’s vote

A second market for “used” e-books – CJEU will decide

The EU Commission is set to address the challenges of three-dimensional printing

European Parliament votes to reject controversial Copyright Directive proposal

European Parliament votes to reject controversial Copyright Directive proposal

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