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|Digital Consumers and The Law. Towards a Cohesive European Framework +||'''''DIRECTIVE 2011/83/EU on consumer rights (Consumer Rights Directive).''''' Recital 19: ''“Digital content means data which are produced and supplied in digital form, such as computer programs, applications, games, music, videos or texts, irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other means. Contracts for the supply of digital content should fall within the scope of this Directive. If digital content is supplied on a tangible medium, such as a CD or a DVD, it should be considered as goods within the meaning of this Directive. Similarly to contracts for the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, contracts for digital content which is not supplied on a tangible medium should be classified, for the purpose of this Directive, neither as sales contracts nor as service contracts. For such contracts, the consumer should have a right of withdrawal unless he has consented to the beginning of the performance of the contract during the withdrawal period and has acknowledged that he will consequently lose the right to withdraw from the contract. In addition to the general information requirements, the trader should inform the consumer about the functionality and the relevant interoperability of digital content. The notion of functionality should refer to the ways in which digital content can be used, for instance for the tracking of consumer behaviour; it should also refer to the absence or presence of any technical restrictions such as protection via Digital Rights Management or region coding. The notion of relevant interoperability is meant to describe the information regarding the standard hardware and software environment with which the digital content is compatible, for instance the operating system, the necessary version and certain hardware features. The Commission should examine the need for further harmonisation of provisions in respect of digital content and submit, if necessary, a legislative proposal for addressing this matter.”'' Art. 5(1): ''“Before the consumer is bound by a contract other than a distance or an off-premises contract, or any corresponding offer, the trader shall provide the consumer with the following information in a clear and comprehensible manner, if that information is not already apparent from the context: (...) (g) where applicable, the functionality, including applicable technical protection measures, of digital content; (h) where applicable, any relevant interoperability of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.”'' +|
|I Contratti di Internet. Sottoscrizione, Nuovi Contratti, Tutela del Consumatore, Privacy e Mezzi di Pagamento +||the provider often assigns to himself the right to suspend the supply of the service in case of mere ''fumus'' of the existence of presumed violations of the contractual clauses he has imposed (clauses that are often vague and ambiguous). +|
|LCE: All watched over by machines of loving grace +||''"At the same time as the number of computers in our lives has increased, the cost of communication has plummeted, and the range of knowledge to which we have access has vastly increased. (...) Karsten noted that these huge changes in the cost of communication and accessibility of information are based on two powerful tools: general-purpose computers that will do anything we teach them to do, and general-purpose networks that will transmit whatever we want. (...) However, the technological advances described above are under threat from those who see profit in turning our general-purpose computers into limited appliances, or into devices that are controlled by someone other than the owner."'' +, ''"Restrictions on functionality are often added when marketing gets involved in the product-design cycle. At this point, product features that get in the way of business goals are eliminated. Here, Karsten mentioned a couple of examples. All digital cameras produce raw image output. However, after converting that format to JPEG, low-end cameras then discard the raw data. Photographers who want the option of keeping the raw data must instead purchase a more expensive "professional" camera that doesn't discard the raw data. In the telecoms world, mobile phone operators often try to block VOIP over their data services, in an effort to force their customers to make and to pay for calls over the operator's own service."'' <u>However, at least for what concerns the example of the digital cameras, we must question if a trade-off can be found in this limitation: cameras have limited features, but in exchange manufacturers to keep lower prices, and therefore there is a greater accessibility to digital cameras for those consumers that don't want or can spend more money. This argument could be brought also with reference to other products.</u> +|
|Renault Introduces DRM For Cars +||''"If there is a mechanism to remotely control what your car does, some will make use of this mechanism at some point."'' +|
|The End of Ownership: Why You Need to Fight America's Copyright Laws +||''"While this ushers in a whole new world of possibilities, it’s also redefining ownership. Because when you purchase a physical object, you don’t actually buy the software in it — that code belongs to someone else. If you do something the manufacturer doesn’t like — repair it, hack it, unlock it — you could lose the right to use “their” software in “your” thing. And as these lines between physical and digital blur, it pits copyright and physical ownership rights against each other."'' +|