- Portability of online content services across the EU
- What is the main purpose behind the forthcoming EU Regulation on cross-border portability of online content services, what stage is the Regulation at and when will it come into force?
- What are the key features of the Regulation?
- What types of content and applications will the Regulation not apply to?
- Are there any drafting implications for those wishing to continue to license against a territorial model? How should they draft to avoid clauses becoming unenforceable?
- How will the Regulation impact on existing contracts/subscriptions placed prior to the Regulation coming into force? What, if anything should service providers be doing now?
- Is there anything that a content owner can do about the fact that the provider, under the Regulation, only has to ensure that the content delivery is of the quality available via the local online access chosen by the subscriber—which could mean significant deterioration in quality?
- What steps must a provider take to assess the permanent residential status of the consumer? Does the content provider always have to make this assessment and what if all content owners have authorised their content to be provided, accessed and used without verification?
- Under the Regulation the provision of the service is deemed to take place solely in the subscriber’s home Member State. What impact will this provision have on IP rights?
TMT analysis: What is the likely impact of the EU Regulation on cross-border portability of online content services? John Davidson-Kelly, partner at Osborne Clarke, considers the implications of the forthcoming EU Regulation.
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