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Operational Separation as a means of preventing the abuse of Dominance on Access Markets
03/12/2007Cathal Flynn, an Irish Lawyer who is currently practicing with us in our Telecommunications Law Department, has recently published an article in co-operation with the University of Wrocław. The article treats key issues at the centre of the current debate concerning the operational separation of incumbent telecommunications operators in the EU, while also examining the possibility of introducing operational separation as a market remedy in a reviewed EU Regulatory Framework for Electronic Communications. ...
Scope of copyleft clause under Polish law
01/12/2006In 1984, a programmer, ideologist and a man of vision, Richard M. Stallman set off for his moral crusade for the rights of computer users. These rights are four freedoms, which form the Free Software Definition formulated by him: The freedom to run the program, for any purpose (freedom 0) ; The freedom to study how the program works, and adapt it to your needs (freedom 1) ; The freedom to redistribute copies so you can help your neighbor (freedom 2) ; The freedom to improve the program, and release your improvements to the public, so that the whole community benefits (freedom 3). It follows from the definition that „freedom” of software is first and foremost its public availability and the prohibition against allowing to control it by any individual. Stallman's aim is to create a complete free software system, named „GNU”. Initially, Stallman worked on the system alone, but subsequently more and more programmers have started to release their programs according to the rules set forth in the Free Software Definition. Currently, mostly after the release of Linux kernel by Linus Torvalds in 1991, the GNU system is being developed my thousands of programmers around the World. Stallman is aware that the predominant practice of intellectual property protection reaches for the end opposite to the one set forth by the freedoms advocated by him. Major commercial players in the ICT market forcefully defend „their” copyrights, and have recently started to eagerly embrace the more efficient patent protection. Where Stallman would like to see a commons field, strict lines of influence are being drawn, resembling to some the historical enclosure movement. Thus, Stallman designed a model of legal protection named „copyleft”, aimed at guaranteeing the freedom of software meant to be free. ...
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