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  • 51.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The impact of science and technology on the rights of the individual2016Book (Refereed)
    Abstract [en]

    The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

    Provides an up-to-date overview of current legal developments in the global regulation of innovative technologies ▶ Combines theoretical insights and comparative case-law research ▶ Suggests alternatives for governing access to new essential and scarce information resources ▶ Offers provocative parallels and analogies between the regulative rules of technologies for the biological and communicative fields

  • 52.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The Role of Internet Access in Enabling Individual’s Rights and Freedom2012In: Proceedings of the 5th ICIL 2012 - Equity, Integrity & Beauty in Information Law & Ethics / [ed] Maria Bottis and Andreas Giannakoulopoulos, Athens: Nomiki Vivliothiki , 2012, p. 426-444Conference paper (Refereed)
    Abstract [en]

    The paper explores the relationship between modern communication technologies and constitutional freedoms. In particular, it takes a closer look at a range of Internet and freedom of expression‐related issues. The aim of the paper is to discuss - in light of recent international case law - how access to network services is increasingly perceived as being worthy of elevation to status of right. In this context the paper tries to clarify if technology could be considered just an enabler of rights or a right itself.

  • 53.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The role of Internet access in enabling individual’s rights and freedoms2013Report (Other academic)
    Abstract [en]

    The paper discusses the scientific and policy debate as to whether access to the Internet can be considered so fundamental for human interaction as to deserve a special legal protection. In particular, it examines the impact of computer-mediated communication on the realization of individual’s rights and freedoms as well as on democratization processes. It then considers how Internet content governance is posing regulatory issues directly related to the growing importance of an equitable access to digital information. In this regard, the paper looks at conflicts arising within the systems of rights and obligations attached to communication (and especially content provision) over the Internet. The paper finally concludes by identifying emerging tensions and drawing out the implications for the nature and definitions of rights (e.g. of communication and access, but also of intellectual property ownership) and for regulations and actions taken to protect, promote or qualify those rights. All these points are illustrated by a series of recent examples.

  • 54.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The Supremacy of Techno-Governance: Privatization of Digital Content and Consumer Protection in the Globalized Information Society2007In: International Journal of Law and Information Technology, ISSN 0967-0769, E-ISSN 1464-3693, Vol. 15, no 2, p. 192-225Article in journal (Refereed)
    Abstract [en]

    The article aims to describe the role of technology and contract in regulating access to digital content deregulating intellectual property law monopoly. In particular it argues that the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe compromise the consumer's capacity to exercise legitimate rights, such as the private use exemption, by giving content owners extralegal protection for their works. It also analyses how these acts have caused an inappropriate delegation of governmental decision making to a non-governmental entity with a consequent privatization of the government's role in protecting intellectual property and in setting technical standards for digital infrastructure and interoperability.

  • 55.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    The Unfair Play of DRM Technologies Rereading the Rules of the Game from the Consumer's Perspective2009In: Digital Rights Management:: Legal Concerns / [ed] G.V. Mahesh Nath, Hyderabad: Icfai University Press, 2009, p. 94-130Chapter in book (Refereed)
    Abstract [en]

    The chapter discusses how the existing methods of distributing digital content on the mass-market generate two kinds of consumer protection concerns. First of all, consumers are not always in a position to be acquainted with what they can and cannot do with their digital content. A lack of proper information and the ensuing failure of the products to meet the consumer’s expectations inevitably gives rise to discontent. Secondarily, as weaker party in the transaction, consumers have often no other alternative but to accept or refuse the restrictive terms of use, even if these could be regarded as unfair. The article investigates whether European and American laws are susceptible of amendment to accommodate the needs of digital consumers.

  • 56.
    Lucchi, Nicola
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Understanding genetic information as a commons: from bioprospecting to personalized medicine2013In: International Journal of the Commons, ISSN 1875-0281, E-ISSN 1875-0281, Vol. 7, no 2, p. 313-338Article in journal (Refereed)
    Abstract [en]

    The aim of the paper is to discuss how the concept of commons can beenlarged to include genetic resources – both naturally occurring and as essentialresources in research laboratories – that are increasingly considered as part ofmarket frameworks. Looking beyond the enclosure of traditional public goods(such as land or water), the paper emphasizes the debate around the progressivecommodification of genetic resources and associated genetic informationoperated by means of intellectual property rights or other forms of management ofknowledge. The discourse around commons is used to evaluate alternative toolsand strategies to the issue of private appropriation of human genetic resources andnatural compounds.

  • 57.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Accounting and Law.
    Bin, Roberto
    Università di Ferrara.
    Informatica per le Scienze Giuridiche2009 (ed. 6)Book (Other academic)
    Abstract [en]

    The book deals with the application of informatics to the law. It covers all aspects of traditional and modern dimensions of legal informatics: from the first historical developments to the current digital and electronic revolution that made legal research faster and more accessible. The book explains  how to locate and search primary and secondary sources with both the paper-based and online methods. In particular it describes the new investigative process using online databases, CD-ROM, and Internet-based resources. References also includes international and comparative law materials.

  • 58.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Bonadio, Enrico
    City Law School London, United Kingdom.
    Book Launch Event: Non-Conventional Copyright - May 17 2018 - The Buchmann Faculty of Law, Tel Aviv University & S. Horowitz Institute for IP2018Other (Other academic)
  • 59.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Commercial and Tax Law.
    Bonadio, Enrico
    City Law School London, United Kingdom.
    Copyright and New Forms of Creativity2018Conference paper (Refereed)
    Abstract [en]

    The proposed investigation aims to draw a picture of current possible new spaces for copyright protection.

    The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, body painting, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, engineered DNA sequences, typefaces, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection.

    The first copyright statutes granted protection only to a very few works such as books, charts and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany and Netherlands), but also in countries with “closed lists”.

    The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.

    The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have jurisprudential impact or have contributed to policy changes at the national level.

  • 60.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Bonadio, Enrico
    The City Law School University of London.
    Copyright and Pornography2018In: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018, p. 418-431Chapter in book (Refereed)
    Abstract [en]

    The chapter explores whether pornographic works – intended as creative works consisting of the depiction of women and/or men as sexual beings – can be protected by copyright. After commenting on cases from various jurisdictions including US, UK and France, the authors discuss the critical arguments made both in support and against copyright protection for this controversial subject matter (which is considered by many as morally unacceptable). The chapter concludes that the overriding need to protect free speech makes the argument supporting the copyrightability of this category of works more persuasive and convincing.

  • 61.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Bonadio, Enrico
    The City Law School, United Kingdom.
    Non-Conventional Copyright: Do New and Atypical Works Deserve Protection?2018Book (Refereed)
    Abstract [en]

    The book draws a picture of possible new spaces for copyright. It expands on whether modern copyright law should be more flexible as to whether new or unconventional forms of expression - including graffiti, tattoos, land art, conceptual art and bio art, engineered DNA, sport movements, jokes, magic tricks, dj-sets, perfume making, typefaces, illegal and immoral works - deserve protection. The contributors offer authoritative, coherent and well-argued essays focusing on whether copyright can subsist in these unconventional subject matters.

  • 62.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School.
    Bonadio, Enrico
    The City Law School, United Kingdom.
    Non-conventional copyright: Do new and non-traditional works deserve protection?2017Conference paper (Refereed)
    Abstract [en]

    The proposed investigation aims to draw a picture of current possible new spaces for copyright protection. The presentation will, in particular, expand on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, land art, culinary works, sport movements, yoga, jokes, magic tricks, dj-sets, perfume making, TV formats, typefaces, news snippets, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection. The first copyright statutes granted protection only to a very few works such as books, charts and maps. In several jurisdictions, for example UK, the belief has for long been shared that just selected and closed categories of artistic and creative endeavours deserve to be protected by this intellectual property right. Yet, such belief has subsequently proved anachronistic, also as a consequence of technological progress. Indeed, the subject matter protected by copyright laws has progressively expanded over the years, covering inter alia photographs, phonographs, works of applied art, films and broadcasts, computer programs and databases: this has taken place not only in jurisdictions having an “open-ended list” of authors’ rights subject matter (such as France, Germany and Netherlands), but also in countries with “closed lists”. The progressive expansion of copyrightable subject matter has not stopped. Authors and creative people are indeed continually finding new ways of expressing themselves, being often difficult to foresee the forms that these new expressive methods will take. And the way the traditional, exhaustive and privileged classification of copyrightable works have been defined (as well as the narrow way “open-ended lists” have often been interpreted by courts) has still little to do with how several contemporary artists, practitioners of new forms of art and entertainment and even commercial enterprises nowadays define their own practice and activity. Therefore, rigid classifications as well as judicial “restrictions” of copyrightable subject matter may (again) become anachronistic as an increasing number of creative human endeavours may produce results which arguably do not fall within any of the enumerated (or judicially identified) categories of protectable works, but that are nevertheless the result of intellectual efforts.The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have

    The presentation will focus on those forms of expression (see the list above) which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. In particular, we have selected just those topics that have had or may have a jurisprudential impact or have contributed to policy changes at the national level.

  • 63.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School, JIBS, Commercial Law. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Bonadio, Enrico
    The City Law School University of London.
    Setting the scene for non-conventional copyright2018In: Non-Conventional Copyright: Do New and Non-Traditional Works Deserve Protection? / [ed] Enrico Bonadio and Nicola Lucchi, Edward Elgar Publishing, 2018, p. 1-21Chapter in book (Refereed)
    Abstract [en]

    The chapter aims to draw a picture of current possible new spaces for copyright protection. In particular, it expands on whether modern copyright law should be more flexible as to whether new and unconventional works - including graffiti, tattoos, land art, culinary works, sport movements, yoga, jokes, magic tricks, DJ-sets, perfume making, TV formats, typefaces, news snippets, illegal and immoral works - deserve protection. This could be secured, for example, by interpreting the rules on protectable subject matter more broadly as well as relaxing the requirements to obtain protection. The chapter focuses on those forms of expression which have recently attracted attention amongst copyright scholars. In particular, the subjects have been selected with the mere purpose of identifying trends and highlighting possible commonalities and differences in the progressive expansion of the protectable subject matter. 

  • 64.
    Lucchi, Nicola
    et al.
    Jönköping University, Jönköping International Business School.
    Ots, Mart
    Jönköping University, Jönköping International Business School, JIBS, Business Administration. Jönköping University, Jönköping International Business School, JIBS, Media, Management and Transformation Centre (MMTC).
    Ohlsson, Jonas
    University of Gothenburg, Sweden.
    Market Structure and Innovation Policies in Sweden2017In: Innovation Policies in the European News and Media Industry: A Comparative Study / [ed] Hans van Kranenburg, Cham: Springer, 2017, p. 191-205Chapter in book (Refereed)
    Abstract [en]

    The chapter explores the regulatory framework and the types of media innovation policies formulated and implemented in Sweden. In particular, the country's analysis illustrates the evolution and structure of news media markets and media cross-ownership policies in recent years and evaluates how innovation policies stimulate innovative activities in journalism and news media. 

12 51 - 64 of 64
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