Edited by Paul Torremans
Chapter 12: The borderless online user: carving up the market for online and streaming services
Traditionally copyright has been exploited in separate geographical markets. This practice restricts the ability of users to access online services on their electronic devices wherever they are in Europe and regardless of borders, viz. so called ‘portability’. This chapter describes the complex legal background in EU law to limitations on portability in copyright, user and producer contracts and technological protection measures. Recently, specific EU legislation has been proposed (the Portability Regulation and the Geo-Blocking Regulation) with an aim of amending the current legal regime. It is argued, however, that existing EU rules and principles, in particular the rules of competition law, may deal with the challenges of the existing restrictions on the cross-border access to online services to such an extent that those challenges in themselves do not necessitate any change of legislation. Keywords: copyright, online user, portability, territorial restraints, competition law, EU
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