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Contents

The Internet of Things & the Consumer: An Overview

The Internet of Things

The IoT: A Definition

Overview of the Internet of Things — Recommendation; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; European Parliament resolution on the Internet of Things; Device Democracy. Saving the Future of the Internet of Things; Internet of things: ubiquitous monitoring in space and time; Roadmap for the Emerging IoT; Call with G.N.L.D. (28 July 2015); The Things in the Internet of Things; Overview of the Internet of Things — Recommendation; Internet of Things; Internet of Things — Preliminary Report 2014; Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights

The IoT Application Domains

Hype Cycle for the Internet of Things, 2014; IoT Design Manifesto 1.0. Guidelines for Responsible Design in a Connected World point 1; 30 Billion “Things” To Consider: How IoT Will Transform Enterprise IT

Public/Administration

Report:Meeting_with_R.B._(30_July_2015)

Industrial/Business
Consumer

The Consumer Perspective

Device Democracy. Saving the Future of the Internet of Things; Human-Focused Turing Tests: A Framework for Judging Nudging and Techno-Social Engineering of Human Beings; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Essay: A Transactional View of Property Rights

The Consumer: A Definition

Consumer

The IoT Consumer Issues

General Presentation

Usability

Personal Property Servitudes on the Internet of Things

Privacy and Security

Hackers Remotely Kill a Jeep on the Highway — With Me in It

Personality

Human-Focused Turing Tests: A Framework for Judging Nudging and Techno-Social Engineering of Human Beings; http://www.theguardian.com/global/2013/mar/20/save-everything-evgeny-morozov-review

A Focus on Usability

Service Availability
Free Circulation
Data Portability

Service Availability: A Precarious But Essential Condition for Smart Thing Usability?

Stakeholders, Interests and Business Models: An Overview

How the 'Internet of Things' Is Transforming the Meaning of Product; Here's Why Every Company Is A Service Provider In The Internet Of Things Era; Overview of the Internet of Things — Recommendation; Payment Method Design: Psychological and Economic Aspects of Payments; Attitudes and Behaviors of Mobile Network Operator Customers: Contributions toward empirically founded marketing strategies for mobile navigation and Internet services; David Orban: Internet of Things, about autonomy; Device Democracy. Saving the Future of the Internet of Things; Internet of Things Grand Challenge Workshop. Forging the Path to Revenue Generation; LG Will Take The 'Smart' Out Of Your Smart TV If You Don't Agree To Share Your Viewing And Search Data With Third Parties; Pay up or your car engine will stop; You don’t know it, but you’re working for Facebook. For free; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Why the internet of things favours dominance; Google takes aim at the internet of things with new Brillo operating system; Call with G.N.L.D. (28 July 2015); Report:Meeting_with_R.B._(30_July_2015); The Zero Marginal Cost Society; Internet of Things — Preliminary Report 2014

Issues

A Smart Service for a Dumb Thing

A Locked-In Consumer

An Essential Branded Service

User Data Manifesto 2.0; Des DRM intrusifs dans la voiture électrique Renault ZOE ?; Reactions to Renault Zoe battery 'DRM' are overblown, but knowledge is healthy; Renault customers cry foul over battery pack rental terms – Owning the car but renting the pack puts car makers in drivers seat?; Filip for what concerns the carrier; Treaty on the Functioning of the European Union, art. 102; Apple Watch, CC8, where I say that it doesn't emerge from the contract if the service is necessary or not for the use of the device (the provider should be more transparent on the matter); Call with G.N.L.D. (28 July 2015); Report:Meeting_with_R.B._(30_July_2015)

The Independent Error-Fixing Prohibition

We Can't Let John Deere Destroy the Very Idea of Ownership; The End of Ownership: Why You Need to Fight America's Copyright Laws; GM: That Car You Bought. We’re Really The Ones Who Own It; Do you ever really own a computerized device?; DRM in Cars Will Drive Consumers Crazy; Renault customers cry foul over battery pack rental terms – Owning the car but renting the pack puts car makers in drivers seat?; Shrink-Wrap Licences in Europe After the EC Software Directive; DIRECTIVE 2009/24/EC on the legal protection of computer programs; Personal Property Servitudes on the Internet of Things

The Lack of Interoperability with Third-Party Products and Services

David Orban: Internet of Things; Apple Watch, CC8; Google takes aim at the internet of things with new Brillo operating system; Internet of Things — Preliminary Report 2014

The Unstable Nature of Contractual Terms and the Customer's Pretended Freedom of Choice

LG Will Take The 'Smart' Out Of Your Smart TV If You Don't Agree To Share Your Viewing And Search Data With Third Parties; Legal certainty as a tool for the spread of the Internet of Things; Automatic; Call with G.N.L.D. (28 July 2015); The Zero Marginal Cost Society; Personal Property Servitudes on the Internet of Things; Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights

The Provider's Contractual Right to Discontinue the Service and the Ius Libertatis Non Debet Infringi Principle

Des DRM intrusifs dans la voiture électrique Renault ZOE ?; DRM in Cars Will Drive Consumers Crazy; I Contratti di Internet. Sottoscrizione, Nuovi Contratti, Tutela del Consumatore, Privacy e Mezzi di Pagamento; Filip example, because it is a data driven product and therefore requires a continuing engagement of the provider; DIRECTIVE 93/13/EEC on unfair terms in consumer contracts; DIRECTIVE 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees; Treaty on the Functioning of the European Union; Pay up or your car engine will stop; Category:Use Case, CC10; LG Smart TV, CC9; Call with G.N.L.D. (28 July 2015)

A Circumscribed Enjoyment

  • Internet of Things — Preliminary Report 2014
  • Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights
  • Personal Property Servitudes on the Internet of Things and Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights, where it is stated that possession may be more inefficient than access, because people have to pay also for uses that they don't want to implement;
  • Renault Zoe for the prohibition of us outside the UK;
  • Nest and Filip for the prohibition of use for commercial purposes, and for what concerns Filip the retaliation in case of violation can be the termination of access and use of the product;
  • one of the essential obligations of a sales contract is the transfer of ownership of the item; so, when a sales contract constrains the buyer to make a specific use of the good (e.g. Google Glass Terms of Use: "You may only use the Device in accordance with the instructions that come with it, including instructions that may be made available online"), are this boundaries compatible with the transfer of ownership (Italian civil code: "diritto pieno ed esclusivo")? What is the relation between freedom of contract and ownership? I must find jurisprudence on the matter
  • Pay up or your car engine will stop, because it deals with the possibility of deactivating the car if the fees aren't paid, and therefore we can apply the same reasoning - even if only in an hypothetical way - to contractual boundaries: if the customer doesn't comply with a limitation, not only he can be sued, but his enjoyment of the device can also be remotely prevented by the provider; see also Personal Property Servitudes on the Internet of Things, where it deals with the fact that DRM have reduced the autonomy of people
  • for a different approach see LG Smart TV, CC6 and CC7: the TV can be used for enjoyment in domestic or commercial premises, by individuals or groups in possession of the TV
  • LG Smart TV, CC6: the customer of the services is responsible for ensuring that other users are aware and respect the Terms of Use
  • Call with G.N.L.D. (28 July 2015): in case of updates, the provider has the ability to control the customer
  • The Zero Marginal Cost Society
  • Withings Home: An update of the Hardware Application may include substantial modification of the Hardware Application and/or of the Product features and functionality (Source: Applications Terms of Use).

Consumer's Impairment: Potential Effects and Actual Odds of a Service Discontinuation

Reactions to Renault Zoe battery 'DRM' are overblown, but knowledge is healthy; Filip, CC6: Pay up or your car engine will stop

Solutions

David Orban: Internet of Things

Legislation in Force

Competition/Antitrust Challenges in Technology Aftermarkets; GM: That Car You Bought. We’re Really The Ones Who Own It; LG Will Take The 'Smart' Out Of Your Smart TV If You Don't Agree To Share Your Viewing And Search Data With Third Parties; Digital Consumers and The Law. Towards a Cohesive European Framework; DIRECTIVE 93/13/EEC on unfair terms in consumer contracts; Call with G.N.L.D. (28 July 2015); Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights

Free Market and Contract

Interview with Alex Bassi, IoT-A Technical Coordinator; IoT Design Manifesto 1.0. Guidelines for Responsible Design in a Connected World, point 9; AllSeen Alliance. An Open Source Project Building the Framework of the Internet of Things; [Internet of Things Grand Challenge Workshop. Forging the Path to Revenue Generation]]; LCE: All watched over by machines of loving grace; Pay up or your car engine will stop; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Apple Watch, CC8, where I say that it doesn't emerge from the contract if the service is necessary or not for the use of the device (the provider should be more transparent on the matter); The Zero Marginal Cost Society; Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights

Suggestions for a Lawmaking

A Liberal Approach

Pay up or your car engine will stop; Apple Watch, CC8, where I say that it doesn't emerge from the contract if the service is necessary or not for the use of the device (the provider should be more transparent on the matter)

A Paternalistic Approach

Digital Consumers and The Law. Towards a Cohesive European Framework

Free Circulation: No Second-Hand Markets for Smart Things?

Stakeholders, Interests and Business Models: An Overview

Overview of the Internet of Things — Recommendation; Just because something has value doesn't mean it has a price; The Internet of Someone Else's Things; DRM in Cars Will Drive Consumers Crazy; LG Smart TV, CC6; You don’t know it, but you’re working for Facebook. For free; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Why the internet of things favours dominance; The Zero Marginal Cost Society; Personal Property Servitudes on the Internet of Things; we may also wonder what remedies/enforcement possibilities the provider has when he retains property on the object commercialized, which he doesn't have when he simply relies on his IP prerogatives and on contract

Issues

A License for and the Growing Role of Embedded Software

Personal Property Servitudes on the Internet of Things; GM: That Car You Bought. We’re Really The Ones Who Own It; Do you ever really own a computerized device?; DRM in Cars Will Drive Consumers Crazy; Nest and Filip where it is said that the device can't be used for commercial purposes; Filip where it is said that the license on the app can be transferred only if the party accept the terms of service; Personal Property Servitudes on the Internet of Things; DIRECTIVE 2009/24/EC on the legal protection of computer programs; LG Smart TV, CC6; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Apple Watch, CC6

A Contractual Prohibition of Resale

Renault customers cry foul over battery pack rental terms – Owning the car but renting the pack puts car makers in drivers seat?; The Zero Marginal Cost Society; Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights; Essay: A Transactional View of Property Rights

The Provider's Remote Device Deactivation

The Internet of Someone Else's Things; Pay up or your car engine will stop; Google Glass; Personal Property Servitudes on the Internet of Things; Creating Ubiquitous Computing, Virtual Worlds, and the Displacement of Property Rights

An Allowed But Discouraged Resale

  • provider's refusal to provide essential service to subsequent purchasers
  • customer's obligation to ensure that future customers are aware of the terms and conditions and that they comply with them (see e.g. LG Smart TV, even if this obligation seems limited to other users of the LG Services provided through the customer's TV, and therefore if he resells the TV it will be the new owner responsible; see also an article in the Wiki that deals with this question, but for the moment I can't find it); see also Personal Property Servitudes on the Internet of Things
  • Renault Zoe: the first acquirer might be dissuaded from reselling the car because he is constrained to continue the payment of the battery hire agreement if the new customer doesn't conclude a new one with Renault
  • a device lacking the reset feature
  • Apple Watch, CC6 and TC5: the product is provided with features to protect it in case of loss or theft, so the first acquirer may continue to have remote control on the watch even after the resale; Personal Property Servitudes on the Internet of Things

DIRECTIVE 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees

Consumer's Impairment: Potential Effects and Actual Odds of Non-Resaleability

Personal Property Servitudes on the Internet of Things

Solutions

Legislation in Force

GM: That Car You Bought. We’re Really The Ones Who Own It; Digital Consumers and The Law. Towards a Cohesive European Framework; DIRECTIVE 93/13/EEC on unfair terms in consumer contracts; Personal Property Servitudes on the Internet of Things

Free Market and Contract

Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; The Zero Marginal Cost Society; Personal Property Servitudes on the Internet of Things

Suggestions for a Lawmaking

A Liberal Approach
A Paternalistic Approach

Digital Consumers and The Law. Towards a Cohesive European Framework

Data Portability: To What Extent Can The Consumer Exploit His Data?

Stakeholders, Interests and Business Models: An Overview

Overview of the Internet of Things — Recommendation; A Dark Side of Data Portability: Litigators Love It; Digital Consumers and The Law. Towards a Cohesive European Framework; You don’t know it, but you’re working for Facebook. For free; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Why the internet of things favours dominance; Apple unveils move towards health and home in new iPhone software; Report:Meeting_with_R.B._(30_July_2015)

Issues

The Provider's Power and Contractual Right to Data Deletion

Inaccessibility of Raw Data

Call with G.N.L.D. (28 July 2015); Internet of Things — Preliminary Report 2014

A Non-Machine-Readable Format for Data

User Data Manifesto 2.0; Internet of Things — Preliminary Report 2014

A Locked-In Consumer

Treaty on the Functioning of the European Union

Consumer's Impairment: Potential Effects and Actual Odds of Being Deprived of One's Own Data

Solutions

Legislation in Force

DIRECTIVE 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data; DIRECTIVE 93/13/EEC on unfair terms in consumer contracts; Call with G.N.L.D. (28 July 2015)

Free Market and Contract

IoT Design Manifesto 1.0. Guidelines for Responsible Design in a Connected World, point 8; Customer Experience in the Internet of Things: Five Ways Brands Can Use Sensors to Build Better Customer Relationships; Why the internet of things favours dominance; Report:Meeting_with_R.B._(30_July_2015)

Suggestions for a Lawmaking

Call with G.N.L.D. (28 July 2015)

A Liberal Approach

Digital Consumers and The Law. Towards a Cohesive European Framework; Report:Meeting_with_R.B._(30_July_2015)

A Paternalistic Approach