Publicaties

Top Keywords

Il Three-Step Test nel diritto d’autore: tra necessità di bilanciamento e mancanza di ragionevolezza external link

Margoni, T.
Diritto dell'informazione e dell'informatica, num: 1, pp: 14, 2012

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Il Three-Step Test nel diritto d’autore: tra necessità di bilanciamento e mancanza di ragionevolezza}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/Diritto_2009_1.pdf}, year = {0331}, date = {2012-03-31}, journal = {Diritto dell'informazione e dell'informatica}, number = {1}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Interpreting ‘Network Discrimination’ in the CRTC and FCC external link

Margoni, T.
Digital Society, pp: 6, 2012

Abstract

The issue of what discriminatory use of a network means has arisen in two recent decisions of the United States and Canadian federal communications commissions, the FCC and the CRTC respectively. The topic is a contemporary and hotly debated one, as when a course is fixed it will strongly influence the future of the Internet. It can be stated as the dichotomy of open and competitive or closed and oligopolistic. A study and comparison of the two different approaches is vital to clarify the debate, and hopefully guide Canadian policy in a direction that will benefit the whole community.

Telecommunicatierecht

Bibtex

Article{nokey, title = {Interpreting ‘Network Discrimination’ in the CRTC and FCC}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/Digital_Society_2010.pdf}, year = {0401}, date = {2012-04-01}, journal = {Digital Society}, abstract = {The issue of what discriminatory use of a network means has arisen in two recent decisions of the United States and Canadian federal communications commissions, the FCC and the CRTC respectively. The topic is a contemporary and hotly debated one, as when a course is fixed it will strongly influence the future of the Internet. It can be stated as the dichotomy of open and competitive or closed and oligopolistic. A study and comparison of the two different approaches is vital to clarify the debate, and hopefully guide Canadian policy in a direction that will benefit the whole community.}, keywords = {Telecommunicatierecht}, }

Free-Libre Open Source Software as a Public Policy Choice external link

Margoni, T.
International Journal on Advances in Internet Technology, num: 4, pp: 212-222, 2012

Abstract

Free Libre Open Source Software (FLOSS) is characterised by a specific programming and development paradigm. The availability and freedom of use of source code are at the core of this paradigm, and are the prerequisites for FLOSS features. Unfortunately, the fundamental role of code is often ignored among those who decide the software purchases for Canadian public agencies. Source code availability and the connected freedoms are often seen as unrelated and accidental aspects, and the only real advantage acknowledged, which is the absence of royalty fees, becomes paramount. In this paper we discuss some relevant legal issues and explain why public administrations should choose FLOSS for their technological infrastructure. We also present the results of a survey regarding the penetration and awareness of FLOSS usage into the Government of Canada. The data demonstrates that the Government of Canada shows no enforced policy regarding the implementation of a specific technological framework (which has legal, economic, business, and ethical repercussions) in their departments and agencies.

Intellectuele eigendom

Bibtex

Article{nokey, title = {Free-Libre Open Source Software as a Public Policy Choice}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/IJAIT_2010_4.pdf}, year = {0402}, date = {2012-04-02}, journal = {International Journal on Advances in Internet Technology}, number = {4}, abstract = {Free Libre Open Source Software (FLOSS) is characterised by a specific programming and development paradigm. The availability and freedom of use of source code are at the core of this paradigm, and are the prerequisites for FLOSS features. Unfortunately, the fundamental role of code is often ignored among those who decide the software purchases for Canadian public agencies. Source code availability and the connected freedoms are often seen as unrelated and accidental aspects, and the only real advantage acknowledged, which is the absence of royalty fees, becomes paramount. In this paper we discuss some relevant legal issues and explain why public administrations should choose FLOSS for their technological infrastructure. We also present the results of a survey regarding the penetration and awareness of FLOSS usage into the Government of Canada. The data demonstrates that the Government of Canada shows no enforced policy regarding the implementation of a specific technological framework (which has legal, economic, business, and ethical repercussions) in their departments and agencies.}, keywords = {Intellectuele eigendom}, }

Legal consequences of packet inspection external link

Margoni, T.
pp: 18-21, 2012

Abstract

Sophisticated network management is now very common. However, the legal consequences in terms of the liabilities, whether civil or criminal, of the Service Provider in connection with the type of management used have been poorly explored. In this work in progress, we identify the research questions, the methodology and work hypotheses of our future research.

Telecommunicatierecht

Bibtex

Other{nokey, title = {Legal consequences of packet inspection}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/PSICTLAES_2011_18.pdf}, year = {0404}, date = {2012-04-04}, abstract = {Sophisticated network management is now very common. However, the legal consequences in terms of the liabilities, whether civil or criminal, of the Service Provider in connection with the type of management used have been poorly explored. In this work in progress, we identify the research questions, the methodology and work hypotheses of our future research.}, keywords = {Telecommunicatierecht}, }

Clarifying privacy in the Clouds external link

Margoni, T.
pp: 12-17., 2012

Abstract

Concomitant with the increased market appeal of cloud-based services, there is growing concern over issues of privacy within the architecture. In this paper, we analyze what is meant by the term privacy from a legal perspective, and how the meaning of cloud computing and their operation may be affected in at least one jurisdiction. We also look at some possible solutions to addressing privacy in clouds.

Grondrechten, Privacy

Bibtex

Other{nokey, title = {Clarifying privacy in the Clouds}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/PSICTLAES_2011.pdf}, year = {0405}, date = {2012-04-05}, abstract = {Concomitant with the increased market appeal of cloud-based services, there is growing concern over issues of privacy within the architecture. In this paper, we analyze what is meant by the term privacy from a legal perspective, and how the meaning of cloud computing and their operation may be affected in at least one jurisdiction. We also look at some possible solutions to addressing privacy in clouds.}, keywords = {Grondrechten, Privacy}, }

From music tracks to Google maps: Who owns computer-generated works? external link

Margoni, T.
Computer Law & Security Review, num: 6, pp: 621-629, 2012

Abstract

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {From music tracks to Google maps: Who owns computer-generated works?}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/CLSR_2010_6.pdf}, year = {0403}, date = {2012-04-03}, journal = {Computer Law & Security Review}, number = {6}, abstract = {Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Eccezioni e limitazioni al diritto d’autore in Internet external link

Margoni, T.
Giurisprudenza Italiana, num: 8/9, pp: 1959 ev, 2012

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Eccezioni e limitazioni al diritto d’autore in Internet}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/Giurisprudenza_Italiana_2011_8_9.pdf}, year = {0406}, date = {2012-04-06}, journal = {Giurisprudenza Italiana}, number = {8/9}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Scientific and Critical Editions of Public Domain Works: An Example of European Copyright Law (Dis)Harmonization external link

Margoni, T.
Canadian Intellectual Property Review, num: 1, pp: 157-170., 2012

Abstract

Despite the lack of unanimity among European nations on how to treat so-called scientific and critical editions, most of these nations agree on the major proposition that this kind of work should attract some kind of protection under neighbouring rights doctrines in their copyright codes. Canada has no such provisions. This article explores the neighbouring rights protection in some European nations and shows that Canadian publishers of such editions should be aware of the diverse range of protection that they are given in Europe and the potential liability of Canadian publishers.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Scientific and Critical Editions of Public Domain Works: An Example of European Copyright Law (Dis)Harmonization}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/CIPR_2011_1.pdf}, year = {0407}, date = {2012-04-07}, journal = {Canadian Intellectual Property Review}, number = {1}, abstract = {Despite the lack of unanimity among European nations on how to treat so-called scientific and critical editions, most of these nations agree on the major proposition that this kind of work should attract some kind of protection under neighbouring rights doctrines in their copyright codes. Canada has no such provisions. This article explores the neighbouring rights protection in some European nations and shows that Canadian publishers of such editions should be aware of the diverse range of protection that they are given in Europe and the potential liability of Canadian publishers.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

Ownership in Complex Authorship: A Comparative Study of Joint Works external link

Margoni, T.
num: 1, pp: 22-32., 2012

Abstract

Copyright legislation, at least in its implementation, can be seen as a triumph of international harmonisation. However, in the area of joint works this is not the case. In the comparison of a North American and a European country this article observes very different outcomes, despite the similar statutory definitions in copyright legislation. However, the explanation for the divergence of application is not to be found in copyright law, but rather the parts of property law that deal with tenancy in common. Starting from this observation, the article uses comparative analysis of rules and remedies available in both systems and concludes with recommendations towards a more fair and efficient framework.

Auteursrecht, Intellectuele eigendom

Bibtex

Article{nokey, title = {Ownership in Complex Authorship: A Comparative Study of Joint Works}, author = {Margoni, T.}, url = {http://www.ivir.nl/publicaties/download/EIPR_2012_1.pdf}, year = {0408}, date = {2012-04-08}, number = {1}, abstract = {Copyright legislation, at least in its implementation, can be seen as a triumph of international harmonisation. However, in the area of joint works this is not the case. In the comparison of a North American and a European country this article observes very different outcomes, despite the similar statutory definitions in copyright legislation. However, the explanation for the divergence of application is not to be found in copyright law, but rather the parts of property law that deal with tenancy in common. Starting from this observation, the article uses comparative analysis of rules and remedies available in both systems and concludes with recommendations towards a more fair and efficient framework.}, keywords = {Auteursrecht, Intellectuele eigendom}, }

The Roles of Material Transfer Agreements in Genetics Databases and Bio-Banks, in: Comparative Issues in the Governance of Research Biobanks external link

Margoni, T.
2013

Intellectuele eigendom

Bibtex

Other{nokey, title = {The Roles of Material Transfer Agreements in Genetics Databases and Bio-Banks, in: Comparative Issues in the Governance of Research Biobanks}, author = {Margoni, T.}, url = {http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2228696}, year = {0322}, date = {2013-03-22}, keywords = {Intellectuele eigendom}, }