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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 246-255

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Bibtex

@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"
}

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RIS

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  - 
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Wordbib

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<b:Comments>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.</b:Comments>
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ISI

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.
ER

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Mods

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    <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>
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  <identifier type="citekey">warburton2017</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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