'Notice and staydown' and social media: amending Article 13 of the Proposed Directive on Copyright

© 2018 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.This paper critically assesses the compatibility of content recognition and filtering technology or so-called notice and staydown approach with the right of social network platforms and users to a fair trial, privacy and freedom of expression under Articles 6, 8 and 10 of the European Convention on Human Rights (1950) (ECHR). The analysis draws on Article 13 of the European Commission’s proposal for a Directive on Copyright, the case-law of the Strasbourg and Luxembourg Court and academic literature. It argues that the adoption of content recognition and filtering technology could pose a threat to social network platforms and user human rights. It considers the compliance of ‘notice and staydown’ with the European Court of Human Rights’ (ECtHR) three-part, non-cumulative test, to determine whether a ‘notice and staydown’ approach is, firstly, ‘in accordance with the law’, secondly, pursues one or more legitimate aims included in Article 8(2) and 10(2) ECHR and thirdly, is ‘necessary’ and ‘proportionate’. It concludes that ‘notice and staydown’ could infringe part one and part three of the ECtHR test as well as the ECtHR principle of equality of arms, thereby violating the rights of social network platforms and users under Articles 6, 8 and 10 of the Convention.Peer reviewe

Strategies of Mobile Virtual Network Operators in the Southeast Europe Region

MVNOs (Mobile Virtual Network Operators) are companies that function as mobile operators but do not have their own frequency spectrum allocation or the necessary network infrastructure. Those companies make business arrangements with one or more licensed Mobile Network Operators (MNOs) by leasing from them the access to mobile network and capacities. Such business concept enables the MVNOs to participate in the mobile communications market, thus extending the value chain and providing innovative mobile communication services specifically adapted to target segments. MVNOs have significant share on the mobile market in Europe and make influence on customers of mobile services in the meaning of change a telecom company and develop the new competitive strategies. The aim of this paper is to evaluate and predict the growth strategies of the MVNOs into the South-eastern Europe markets (SEE). Findings of comparative analysis have based on the research of secondary sources, practice of EU countries with licensed MNOs and MVNOs and on our expert opinion. Findings indicate that MVNOs which are financially strong have used service development strategy on the present market, while companies which operate in mobile telephony as a core business have chosen market development strategy. Strategy of diversification is the most applicable for companies which have a background and its core business within fixed and Internet and have added mobile telephony services to its portfolio. Strategy of expansion on the present market in combined with present services is not frequent on MVNO market. As an alternative growth strategy, MVNOs in SEE countries will apply a diversification strategy that implies parallel development of new services and new markets with the aim of expansion. The major motive for applying the diversification strategy can be a relatively small existing customer base and a new market entry. Appearance of MVNOs on the SEE market will be in form of partnership strategy with existing MNO as a form of international contracting cooperation. Pan-European global MVNO will change the industry of mobile market which will be driven by market forces, technological evolution and it will present an example of creative process destruction.MVNO, growth strategies, entry strategies, foreign market, mobile communications

Valuation of spectrum for mobile broadband services: Engineering value versus willingness to pay

Radio spectrum is a vital asset and resource for mobile network operators. With spectrum in the 800 and 900 MHz bands coverage can be provided with fewer base station sites compared to higher frequency bands like 2.1 and 2.6 GHz. With more spectrum, i.e. wider bandwidth, operators can offer higher capacity and data rates. Larger bandwidths means that capacity can be provided with fewer base station sites, i.e. with lower cost. Operators that acquire more spectrum in existing or new bands can re-use existing sites for capacity build out. Engineering value is one way to estimate the marginal value of spectrum. The calculation of engineering value is based on comparison of different network deployment options using different amounts of spectrum. This paper compare estimates of engineering value of spectrum with prices paid at a number of spectrum auctions, with a focus on Sweden. A main finding is that estimated engineering value of spectrum is much higher than prices operators have paid at spectrum auctions during the last couple of years. The analysis also includes a discussion of drivers that determine the willingness to pay for spectrum.Radio spectrum,mobile communications,spectrum valuation,spectrum allocation,mobile broadband,marginal value of spectrum,engineering value

The Mobile Broadband and Fixed Broadband Battle in Swedish market: Exploring complementary or substitution

The mobile broadband (MBB) in Swedish market has become a more attractive opportunity for service providers, with growing demand for ubiquitous broadband connectivity after the mobile operators got 3G license in 2000. MBB seems to have more advantage compare to Fixed broadband (FBB) in term of mobility, compatibility and quality of service. This paper aims to explore the current broadband situation in Swedish market, in particular whether the mobile broadband is a complementary or substitute by using descriptive analysis. The data is collected from the Post- och telestyrelsen (PTS) Survey and the secondary data from PTS during 2002-2009. The findings indicate that the MBB and FBB subscribers remain growing, but the issue of complementary and substitution between MBB and FBB cannot be given an answer at this stage. The crucial problem of comparing MBB and FBB is the different units of measurement. Also, the potential of avoiding regulation by service providers is discussed since the market participants in FBB and MBB services are the same players. The rapid growth of MBB together with a lower degree of regulation in mobile services may attract the market player to put their effort more in MBB market. Moreover, the gap between broadband infrastructure coverage and the usage of this service is huge. Thus, the inefficiency of BB infrastructure utilization becomes another issue that NRAs could consider. --Mobile broadband,Fixed broadband,Complementary,Substitution

The interplay between market factors and regulation in next-generation broadband: evidence from Europe

Although many factors affect next-generation access (NGA) deployment, regulatory frameworks have the power to guide future investments, further development and, consequently, the competitiveness of a next-generation broadband market. Understanding the link between markets and regulatory requirements, therefore, is essential. Using data collected from broadband stakeholders in three markets, this paper provides an empirical analysis of this relationship. The market conditions in The Netherlands, Sweden and the United Kingdom (UK) and their roles in influencing the regulatory decisions made by the respective national regulatory authorities (NRAs) are examined. Such analysis first shows that market conditions present different priorities for regulators and policymakers. While markets with weaker incentives for investment, such as the UK, are in need of regulatory and public policy intervention, The Netherlands and Sweden require less stringent measures. Despite this, evidence shows that some level of NGA regulation is presently required in all three markets, albeit to varying degrees and with different foci. The paper then highlights the interaction of the market factors, explaining that this interrelationship is more important for policymakers than the effects of a single factor. The findings of the paper are useful for regulators in addressing the challenges of next-generation broadband deployment. --Next-generation access,Regulation,The Netherlands,Sweden,United Kingdom,Comparison

It takes two to tango: entrepreneurial interaction and innovation

Innovation management focuses too much on processes and tools, whereas entrepreneurship is pre-occupied with individual personal traits. However, many of the most successful innovations were co-created, by multiple entrepreneurs, and it is this interaction of talent that is at the core of radical innovation, what we call Conjoint Innovation. We examine 15 cases, historical and contemporary, to identify what conjoint innovation is and how it work

Business models for deployment and operation of femtocell networks; - Are new cooperation strategies needed for mobile operators?

In this paper we discuss different business models for deployment and operation of femtocell networks intended for provisioning of public mobile broad band access services. In these types of business cases the operators use femtocells in order to reduce investments in "more costly" macro networks since the traffic can be "offloaded" to "less costly" femtocell networks. This is in contrast to the many business cases presented in Femtoforum where femtocells mainly are discussed as a solution to improve indoor coverage for voice services in homes and small offices, usually for closed user groups The main question discussed in this paper is if "operators need to consider new forms of cooperation strategies in order to enable large scale deployment of femtocells for public access?" By looking into existing solutions for indoor wireless access services we claim that the answer is both "Yes" and "No". No, since many types of cooperation are already in place for indoor deployment. Yes, because mobile operators need to re-think the femtocell specific business models, from approaches based on singe operator networks to different forms of cooperation involving multi-operator solutions, e.g. roaming and network sharing. --

Network sharing and co-investments in NGN as a way to fulfill the goal with the digital agenda

The European Commission and most European countries have set ambitious broadband targets aiming to provide up to 100 Mbits to the end-customers. On back of a declining fixed market, negative growth for operators and a slow take up of fiber while maintaining high capex levels operators will ultimately be forced to take innovative approaches towards broadband investments. This paper relates co-investments in NGA to the regulatory framework in the form of SMP regulation and competition law making the conclusion that the current regulatory framework is sufficient to avoid a distorted competition on the market. A number of examples of ongoing co-investment projects are presented underscoring a growing interest for co-investments and indicating that co-investments, at this point, are not hampering competition. The mobile industry has gradually moved towards network sharing indicating a tendency towards vertical disintegration, although so far only a tendency. The ongoing structural separation of Telecom New Zealand with the establishment of a separate network and wholesale company is an indication of this development. The paper concludes by stating that regulators have appropriate tools to handle potential competition issues regarding coinvestments, that co-investments could be a vehicle for reaching the broadband targets, that there are efficiency gains for operators to make by lower Opex and capex, and ultimately giving network companies the means to utilize their balance sheet in order to increase the return.NGA,co-investment,SMP regulation,horizontal and vertical agreements,capex,network sharing,financial gearing

Measuring internationalisation in the mobile telecommunications industry

The telecommunications industry is often described as being a global industry. However, the fact that it exists throughout the globe does not necessarily imply that its constituent companies are individually global in their operations. So far, little interest has been expressed in determining whether they are or are not in practice, but to do so requires that one first determine how this is to be measured. This article focuses on the measurement of internationalisation within the mobile telecommunications industry where the phenomenon can be most clearly identified. Drawing on the literature, four dimensions of internationalisation are initially identified and a database is constructed for the year ending 31 December 2005 that provides hard evidence in relation to these dimensions. Analysis of the results reveals that just a handful of the companies in the sample can be considered to be meaningfully international when all four criteria are taken into account, and that Vodafone among them is best placed to describe itself as a global mobile operator although there are too many reservations for the term global to be seen as an appropriate label. The results highlight the complexity of internationalisation, with operators tending to do well on some of the criteria but not on others, and the paper illustrates how data availability influences the choice of criteria. Data availability also necessitates a trade-off between sample comprehensiveness and detail