Editorial

  1. Prof. Dr. Gerald Spindler

 

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The new issue of JIPITEC provides a good example for the wide range of issues that are prominent today in legal discussions around the globe. One accent lies upon intellectual property rights problems such as the highly debated intermediary liability of internet platforms that the recently proposed Digital Services Act of the EU attempts to tackle and which is discussed by the article of Miriam C. Buiten. Also dealing with the Digital Services Act, but with a focus on the out of court dispute settlement mechanisms, is Jörg Wimmers. Moreover, new phenomena are arising already like Non-Fungible Tokens in copyright transactions, where Adarsh Vijayakumuran gives us an insight to global perspectives on these blockchain based new forms of integrating tokenization and copyright. More dedicated to a specific limitation in copyright, the article of Gabriele Spina Ali deals with the parody exception as provided by Article 17 (7) of the DSM-Directive and its missing implementation in Italy. Also related to copyright law, Maurice Schellekens’ article covers the recent discussion on framing links as it has been accentuated by the CJEU recently.

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While the bulk of articles concerns more or less new developments in copyright law, IT-security is also a hot topic debated at the EU level. Within this realm, the article of Sandra Schmitz and Stefan Schiffner deepens current questions about responsible vulnerability disclosure under the NIS 2.0-proposal—an issue which is central for the time span between detecting security flaws and their disclosure.

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Finally, a special article is dedicated to developments in transnational data transfer of personal data under the Turkish personal data protection law by Sevde Pelen. Whereas the legal landscape regarding the GDPR provisions is well known little can be found concerning other (neighbouring) countries.

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Last but not least, the issue is completed with two book reviews: one on the responsibility of online intermediaries, a front-runner of the EU-Digital services act, written by Folkert Wilman, and the other one covering the impact of artificial intelligence on competition regulation in the Data Economy by Gintarė Surblytė-Namavičienė.

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This short overview reflects the balance of issues to which JIPITEC is dedicated, as well as its European and global orientation. May the reader enjoy this new issue!

 

Prof. Dr. Gerald Spindler