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  • Online platforms in the system of modern international digital trade

    T. Sosnov; A. Pasko (State University of Management, 2020-08-01)
    At the present stage of the development of international trade, online platforms have a defining impact on its development, as new business models appear, on the basis of which it becomes possible to significantly reduce marginal costs and increase productivity. The relevance of the problems investigated in the article increases as the format of international trade changes, when in a recession, new tools are needed to raise the efficiency of export-import operations between countries. The theoretical and methodological framework of the considered aspects includes foreign and domestic studies in the field of digitalization and the digital transformation of the world economy.An attempt of the conceptual justification and typology of online platforms and their significance in the international exchange system has been made in the paper. The main advantages of cross-border transaction platforms have been shown, it has been concluded that the attributes of online platforms may not be unique or specific, but it is their competent combination that often determines the intensive growth of platforms. According to authors, in the current conditions of the pandemic COVID-19, the role of online platforms in international trade is increasing, and this happens both at the national (through, for example, the growing use of delivery services) and at the international level (ensuring the operation of international payment systems, or individual components global value chains). Approaches to the global regulation of online platforms also have been considered. It has been established that the adaptation of trade policy rules developed internationally regarding the activities of online platforms plays a very important role, and one of the key aspects in this regard is the prohibition of tariffs on electronic commerce transactions. At least, this approach is followed by developed countries. However, developing countries often challenge it, pointing to the distortion of fair international competition rules as an argument.
  • Reassessing Damage Remedy to Online Copyright Infringement

    Sun, Yang (Digital Repository @ Maurer Law, 2012-08-01)
  • "The Rich Man's Eight Track": MP3 Files, Copyright Infringement, and Fair Use

    Mullen, Kathryn I. (Marquette Law Scholarly Commons, 2001-01-01)
    An objective of copyright law is to promote creativity and the dissemination of ideas by granting artists, writers, and other creators of artistic works a limited monopoly in their works. MP3 files consist of a digital audio compression algorithm that makes an audio file smaller without reducing sound quality. One problem created by this technology is that when combined with the Internet, millions of people can simultaneously access, reproduce and distribute copyrighted works in digitized form without authorization. Under this premise, Ms. Mullen presents two case studies concerning MP3.com and Napster, in which she relates their various characteristics to copyright law, and concludes that both companies' techniques appear to infringe. Finally, Ms. Mullen discusses technological protection measures that the entertainment industry may use to prevent copyright infringement of digital works.
  • Copyright Law in the Digital Age: Malum in Se and Malum Prohibitum

    Halpern, Sheldon W. (Marquette Law Scholarly Commons, 2000-01-01)
    The scale of copyright piracy has changed, allowing creative works to be distributed globally with a click of a mouse. People's attitudes towards infringing on someone else's protected work have changed as well due to the simplicity and speed of the digital infringing process. This lecture discusses how one can tailor copyright law to accommodate technological changes. First, the lecturer discusses how an act of infringement needs to be defined as malum in se rather than malum prohibitum in order for infringement to be taken seriously. The lecturer suggests that a radically different approach to some of the fundamental principles governing copyright law is needed in order to balance attitudes concerning enforcement of digital infringement. The lecturer explains that there may not be a singular unitary construct as an answer because copyright law in the digital millennium is in a messy, complicated, and compromise-laden world.