Mindaugas Kiškis

ICT adoption in the judiciary: classifying of judicial information

The article discusses one of the practical problems of information communication technology (ICT) use in the judiciary—classifying and categorization of legal information. This problem that plagues the judiciary in Lithuania is very important to solve in order to minimize the digital divide of the courts, increase transparency of judicial decisions, and increase uniformity of judicial practice and interpretations of the law. The problem is usually approached by applying standard ontological legal classification schemes from legal philosophy. However, such an approach is extremely demanding in terms of human time and labor. The practice of Lithuania is studied as an example of practical manifestation of the target problem. Suggestions are made that Artificial Intelligence‐ (AI‐) based XML or Resource Description Framework (RDF) tools may be employed in order to facilitate such classification.

Compensating creativity in the digital world: reconciling technology and culture

New proposals on compensatory mechanisms and viability of traditional practices for online environment is currently being considered by the European Union and are subject of heated academic debate. Simultaneously new business models for distribution of intellectual property online are emerging rapidly. The paper focuses on the failures of the current compensatory mechanisms, as well as new proposals to compensate the creative in the online environment, including current online distribution practices, universal levy proposals -- Internet access and traffic levies, blank media levies, voluntary compensation systems, as well as traditional practices of the collecting societies, effects of the content protection technologies (DRM) on the accessibility and fair use of information online. The paper suggests the set of features for the new compensatory system, including socio-economic aspects of the different societies, and the need of uniform and worldwide compensatory system. Conclusions support the necessity to revise current compensatory mechanisms, centering on the proposed features, rather than just technological mechanisms, which dominate the current political agenda.

e-Governance: Two Views on Legal Environment

Legal reform aimed at creating of favorable legal environment is important part of e-government development. E-government legal solutions need to be legally binding and sound in order to succeed. Legal framework initiatives for e-Governance so far have followed two concurrent approaches. First one infers development of separate regulations covering individual questions pertaining to e-Government, under umbrella of special programs-plans. Second one, is a holistic framework, which could identify and address legal principles of e-Government in a single regulation. This approach may especially be applicable to cross-border issues and challenges common within any e-government environment. The article provides comparative review of these views on e-Governance regulation and their suggested benefits and flaws.

Lessig's implications for intellectual property law and beyond them

Abstract The undisputable merit of Lessigs works is his emphasis on the correlation between network technologies, intellectual property laws and the free flow of information, which is a key aspect of the sustainable information society. Technologies backed by intellectual property regimes are portrayed as an instrument allowing exercise of control over the information. These premises, which were clearly articulated by Lessig, form the core of the debate about the appropriateness of current intellectual property regimes. This article revises Lessigs ideas and proposals, but argues that Lessigs suggestions miss the economic aspect of intellectual property: ensuring fair compensation for creativity. The article therefore deals with the intellectual property aspects de-emphasized by Lessig, but having influence on the resolution dilemmas brought to the fore by Lessig and emphasized in recent European political agendas. The conclusions of the article suggest the important role of the compensatory aspects of intellectual property rights in ensuring the accessibility of information and sustainability of digital culture recognized by Lessig.

Intelektinės Nuosavybės Teisių Gynimas Elektroninėje Erdvėje Pasitelkiant Alternatyvius Internetinius Ginčų Sprendimo Mechanizmus (Enforcement of Intellectual property Rights Online through Alternative Online Dispute Resolution Mechanisms)

Lithuanian Abstract: Straipsnyje nagrinėjamas esamų teisių gynimo užtikrinimo mechanizmų neveiksmingumas, jo socialinės-teisinės priežastys, taip pat sėkmingi intelektinės nuosavybės teisių gynimo internete atvejai. Kaip sėkmingas kovos su prekių ženklų pažeidimais internete pavyzdys nagrinėjama galiojanti Bendroji gincų dėl domeno vardų sprendimo politika (UDRP) ir jos taikoma specialioji sankcija – domenų vardų kontrolės priverstinis perdavimas, identifikuojami ir analizuojami sėkmės veiksniai, privalumai ir trūkumai. Straipsnyje analizuojamos UDRP ir/ar specialiosios sankcijos taikymo galimybės kitų intelektinės nuosavybės teisių gynimui internete. Minėtoji priemonė yra moderni, papildanti tradicinius teisminius intelektinės nuosavybės teisių gynimo mechanizmus.English Abstract: The paper explores the failures of existing judicial remedies to contain the rampant digital piracy of intellectual property rights in cyberspace, as well as possible news ways to respond to it. The paper surveys the decade of legislative attempts to address the situation at the regional (European Union) and international level, and reasons why they have not been effective. Detailed analysis of general socio-legal causes for incompatibility of the traditional judicial remedies and the needs of enforcement in the internet is provided. Among such incompatibilities, the counterproductive targeting of the consumers of the illicit content, instead of the organizers behind the internet resources that facilitate the supply of the illicit content is emphasized. It is suggested that effective novel remedies shall compensate for the principal failures of the existing judicial remedies, as well as shall have immediate effects in cyberspace, in order to be useful for intellectual property rights enforcement.

Perspective for Copyright Levies (Compensation for Authors and Neighboring Rights Holders for Private Copying) after EUCJ Padawan Decision

The article investigates the discourse on the media and equipment levies (compensation to authors and related rights holders for the personal copying - copyright levies) in Lithuania, European Union and some other countries. The article thoroughly considers the nature of copyright levies, premises for establishing the levy system, as well as purposes of such system (functional rationale). Provisions of the EU Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, as well as the Lithuanian legislation pertaining to copyright levies are thoroughly analyzed. Scholarly work on the topic in Lithuania is reviewed and assessed. It is discovered that scholarly positions are separated along the ideological divisions of intellectual property law, and are generally representative of the general doctrinal approach to intellectual property. Conservative classical approach understands levies as the compensation for statutory license, while liberal and epistemic approach considers levies detrimental to the creative society, socially unjust and serving one specific interest group at the expense of society at large. It is also concluded from the analysis, that theoretical approach to levies in Lithuania is not original and rather representative of the academic debate on the matter in Europe. Specific peculiarity in Lithuania is a notable Supreme Court case law (Trajektorija case), which extensively deals with the nature and scope of copyright levies.The European Commission identifies copyright levies as one of the key reform areas in the copyright law. It is also closely related to collective administration of copyright, another reform area. In Lithuania, as well as many other European countries, there are pending legislative proposals on significant extension of the copyright levy system. Newest decision of the European Union Court of Justice in the Padawan case has introduced urgency to the matter, as well as significant new considerations on the possible scope of the levies. Main conclusion of the Padawan case is that the indiscriminate application of the levy, in particular with respect to digital reproduction equipment, devices and media not made available to private users and clearly reserved for uses other than private copying, is incompatible with the Directive. This effectively means that copyright levies shall be collected only on media and equipment, which is sold to consumers. In Lithuania the matter was subject to notable case law in the 2008 Supreme Court case of LATGAA v. Trajektorija, which provided rather controversial interpretation of the EU Directive, which is now in direct conflict with the Padawan interpretation. Moreover two additional cases directly related to copyright levies are pending in the European Union Court of Justice.The article provides an analysis of the Padawan case conclusions, as well as review of considerations for future reform of the levy system. Two possible reform directions are identified – restriction of the private copy rights and abolition of the levy system, as well as imposing the levies at the retail level. Both options are more socially acceptable that the current all embracing levies. A third way may be a system of exceptions, where levies may be reimbursed for non-private users, along with the thorough review of the tariffs and levy base, based on the calculation of harm caused to authors of protected works by the introduction of the private copying exception. For Lithuania, where the existing research suggests a very small harm, abolition of the levy system may be the opportunity to increase competitiveness, hence a preferred way of action in reforming the levy system.

Self-regulation Model for e-Governance Legal Framework

Self-regulation emerges as very important form for regulating different aspects of the electronic domain, and is advocated by current regulatory initiatives. Equally, the special laws and regulations are created to address e-governance issues. The paper suggests and analyses the possibilities of transferring elements of self-regulation model to the broader domain. The limitations of such transfer, as well as disadvantages thereof, which interestingly have many similarities, are analyzed, along with the practicality of applying self-regulation successfulness tests to measure governmental regulation of e-governance. In order to support the theoretical arguments, the empirical analysis of the ISP self-regulation in the Baltic’s on the issues of Internet content is made. Conclusions are drawn on the necessity for co-existence of governmental regulation and self-regulation, in order to facilitate the overall success of the e-governance legal framework.