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Joshua M Warburton, An Innovative Legal Approach to Regulating Digital Content Contracts in the EU, 7 (2017) JIPITEC 246 para 1.
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%0 Journal Article %T An Innovative Legal Approach to Regulating Digital Content Contracts in the EU %A Warburton, Joshua M %J JIPITEC %D 2017 %V 7 %N 3 %@ 2190-3387 %F warburton2017 %X Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation. %L 340 %K Digital Content %K E-Commerce %K Harmonisation %K Jurisdictional Competition %K Mutual Learning %K Optional Instrument %U http://nbn-resolving.de/urn:nbn:de:0009-29-45052 %P 246-255Download
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@Article{warburton2017, author = "Warburton, Joshua M", title = "An Innovative Legal Approach to Regulating Digital Content Contracts in the EU", journal = "JIPITEC", year = "2017", volume = "7", number = "3", pages = "246--255", keywords = "Digital Content; E-Commerce; Harmonisation; Jurisdictional Competition; Mutual Learning; Optional Instrument", abstract = "Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-45052" }Download
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TY - JOUR AU - Warburton, Joshua M PY - 2017 DA - 2017// TI - An Innovative Legal Approach to Regulating Digital Content Contracts in the EU JO - JIPITEC SP - 246 EP - 255 VL - 7 IS - 3 KW - Digital Content KW - E-Commerce KW - Harmonisation KW - Jurisdictional Competition KW - Mutual Learning KW - Optional Instrument AB - Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-45052 ID - warburton2017 ER -Download
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PT Journal AU Warburton, J TI An Innovative Legal Approach to Regulating Digital Content Contracts in the EU SO JIPITEC PY 2017 BP 246 EP 255 VL 7 IS 3 DE Digital Content; E-Commerce; Harmonisation; Jurisdictional Competition; Mutual Learning; Optional Instrument AB Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation. ERDownload
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<mods> <titleInfo> <title>An Innovative Legal Approach to Regulating Digital Content Contracts in the EU</title> </titleInfo> <name type="personal"> <namePart type="family">Warburton</namePart> <namePart type="given">Joshua M</namePart> </name> <abstract>Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation.</abstract> <subject> <topic>Digital Content</topic> <topic>E-Commerce</topic> <topic>Harmonisation</topic> <topic>Jurisdictional Competition</topic> <topic>Mutual Learning</topic> <topic>Optional Instrument</topic> </subject> <classification authority="ddc">340</classification> <relatedItem type="host"> <genre authority="marcgt">periodical</genre> <genre>academic journal</genre> <titleInfo> <title>JIPITEC</title> </titleInfo> <part> <detail type="volume"> <number>7</number> </detail> <detail type="issue"> <number>3</number> </detail> <date>2017</date> <extent unit="page"> <start>246</start> <end>255</end> </extent> </part> </relatedItem> <identifier type="issn">2190-3387</identifier> <identifier type="urn">urn:nbn:de:0009-29-45052</identifier> <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-45052</identifier> <identifier type="citekey">warburton2017</identifier> </mods>Download
Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 7 (2017) 3 |
---|---|
Title |
An Innovative Legal Approach to Regulating Digital Content Contracts in the EU (eng) |
Author | Joshua M Warburton |
Language | eng |
Abstract | Unifying laws between States to better facilitate cross-border transactions is not a new concept. Within the EU, such unification has generally been achieved by harmonising Directives and Regulations. However, legislative techniques to govern digital content transactions are still in their infancy; it is likely that any harmonising instrument would be based upon pre-existing legislation that could be refined to better serve its purpose. States themselves would likely attempt to formulate innovative legislative proposals to give contracts formulated under their jurisdiction a competitive advantage. But, once harmonization occurs, attempts to innovate in contract law for individual gain would cease. Analysing the functionality of mutual learning legislative exercises can lead to the conclusion that allowing experimentation, whilst establishing a separate unified optional framework, may well be the most practical way to continue to develop more efficient contractual rules and obligations, that may eventually be proliferated throughout transnational markets. Separating the legislative efforts between national law and an optional law that governs cross-border contracts, overseen by a centralized body attempting to collate the most beneficial aspects of digital content legislation across the breadth of the EU, would be a more progressive system of digital content contract regulation. |
Subject | Digital Content, E-Commerce, Harmonisation, Jurisdictional Competition, Mutual Learning, Optional Instrument |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-45052 |