Digital Content Portability and its Relation to Conformity with
the Contract

J 2021

Digital Content Portability and its Relation to Conformity with the Contract

KOUKAL, Pavel

Basic information

Original name

Digital Content Portability and its Relation to Conformity with the Contract

Authors

KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution)

Edition

Masaryk University Journal of Law and Technology, Masarykova univerzita, 2021, 1802-5943

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access časopisu

RIV identification code

RIV/00216224:14220/21:00121871

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.5817/MUJLT2021-1-3

Keywords in English

Digital Content; Portability; Accessibility; Conformity with the Contract; Consumer Remedies; CESL; Serious Breach of the Contract

Abstract

V originále

In this paper, the author analyses the possible convergences and divergences of two pieces of EU legislation: The Portability Regulation and the Digital Content Directive. Both EU laws address the issue of access to digital content from different perspectives and complement each other. However, they use different legal terminology and, in some respects, have a different scope of application (mainly about the requirement of monetary counter-performance). The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of "conformity of the digital content with the contract" [Art. 6 (1), (2) Digital Content Directive]. The author explains that the consumer who is not allowed to use the digital content in the EU Member States besides the Member State of his or her residence should be entitled to assert legal claims arising from the non-conformity of the digital content with the contract.

Links

MUNI/A/1695/2020, interní kód MU

Name: Odpovědnost za škodu v autorském právu a související kolizní otázky

Investor: Masaryk University

Citovat

KOUKAL, Pavel. Digital Content Portability and its Relation to Conformity with the Contract. Masaryk University Journal of Law and Technology. Masarykova univerzita, 2021, vol. 15, No 1, p. 53-84. ISSN 1802-5943. Available from: https://dx.doi.org/10.5817/MUJLT2021-1-3.

@article{1780141,
   author = {Koukal, Pavel},
   article_number = {1},
   doi = {http://dx.doi.org/10.5817/MUJLT2021-1-3},
   keywords = {Digital Content; Portability; Accessibility; Conformity with the Contract; Consumer Remedies; CESL; Serious Breach of the Contract},
   language = {eng},
   issn = {1802-5943},
   journal = {Masaryk University Journal of Law and Technology},
   title = {Digital Content Portability and its Relation to Conformity with the Contract},
   url = {https://journals.muni.cz/mujlt/article/view/13986},
   volume = {15},
   year = {2021}
}

TY  - JOUR
ID  - 1780141
AU  - Koukal, Pavel
PY  - 2021
TI  - Digital Content Portability and its Relation to Conformity with the Contract
JF  - Masaryk University Journal of Law and Technology
VL  - 15
IS  - 1
SP  - 53-84
EP  - 53-84
PB  - Masarykova univerzita
SN  - 18025943
KW  - Digital Content
KW  - Portability
KW  - Accessibility
KW  - Conformity with the Contract
KW  - Consumer Remedies
KW  - CESL
KW  - Serious Breach of the Contract
UR  - https://journals.muni.cz/mujlt/article/view/13986
N2  - In this paper, the author analyses the possible convergences and divergences of two pieces of EU legislation: The Portability Regulation and the Digital Content Directive. Both EU laws address the issue of access to digital content from different perspectives and complement each other. However, they use different legal terminology and, in some respects, have a different scope of application (mainly about the requirement of monetary counter-performance). The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of "conformity of the digital content with the contract" [Art. 6 (1), (2) Digital Content Directive]. The author explains that the consumer who is not allowed to use the digital content in the EU Member States besides the Member State of his or her residence should be entitled to assert legal claims arising from the non-conformity of the digital content with the contract.
ER  -

KOUKAL, Pavel. Digital Content Portability and its Relation to Conformity with the Contract. \textit{Masaryk University Journal of Law and Technology}. Masarykova univerzita, 2021, vol.~15, No~1, p.~53-84. ISSN~1802-5943. Available from: https://dx.doi.org/10.5817/MUJLT2021-1-3.

Detailed Information on Publication Record