Should the Consumer Rights Directive apply to digital content?

Schmidt-Kessel, Martin; Young, Linda; Benninghoff, Sonja; Langhanke, Carmen; Russek, Grzegorz

doi:10.1515/gpr.2011.8.1.7

Cited by 3 publications

(3 citation statements)

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“…European consumer law largely pivots around the key distinction between goods and services, a distinction that has been further reinforced by European primary and secondary law (Schmidt-Kessel 2011). The distinction between goods and services is certainly one of the main features of the Consumer Sales Directive (Directive 1999/44/EC, OJ 1999, L 171/ 12), for it only covers tangible movable items (Article 1(2)(b) Consumer Sales Directive).…”

Section: Theory: Complex Situationmentioning

confidence: 99%

Digital Content Contracts for Consumers

et al. 2012

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The application of consumer law to digital content contracts encounters a number of obstacles. Some of these are rather typical for digital content markets, e.g., the legal consequences of the classification of digital content as "goods" or "services" and, more importantly, the absence of general benchmarks to evaluate the conformity of digital content. Other problems, such as the limited usefulness of consumer information and the position of underage consumers, are not as such reserved to digital consumers, but they are amplified in the digital content markets. Moreover, particular attention is paid to the complex relationship between copyright law and consumer law. This paper explores the extent to which consumer (contract) law is fit to address the problems faced by digital consumers wishing to enjoy the benefits of digital content and examines whether the on-going initiatives at national and European level are likely to provide relief. Finally, recommendations for improvement are put forward in cases where the analysis shows that the problems identified are not or are insufficiently solved by these initiatives.Keywords Digital content . Consumer law . General contract law . Copyright law . Telecommunications law Digital content has become an intrinsic and important element of the European and national economies, and is a target area of the digital regulatory agenda (European Commission 2010, pp. 11-13). Digital content is also, and increasingly, an established fact and factor of our daily lives. More and more of our needs for information, personal development, entertainment, communication, and social interaction are catered for by the suppliers of

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Section: Theory: Complex Situationmentioning

confidence: 99%

Digital Content Contracts for Consumers

et al. 2012

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“…It has been argued that the medium in which the digital content is embodied essentially contributes to the determination of the tangible or intangible nature of the content: a movie on a DVD would be tangible, whereas the same movie downloaded through the Internet would be intangible. While the distinction between goods and services can intuitively be made between a movie distributed on a CD and one made available through the Internet, it is quite a challenge to apply this distinction to a vast array of forms of online or off‐line distribution of digital content that are neither true good nor pure service (Schmidt‐Kessel, 2011, p. 5).…”

Section: Clash Of Culturesmentioning

confidence: 99%

“…This obligation is typically performed when the physical medium is delivered to the consumer. In this case, the digital content is typically transferred to the consumer on a permanent basis for permanent use (Schmidt‐Kessel, 2011). The trader is typically not required to transfer the ownership of the digital content itself, or more specifically, of the intellectual property rights associated with the digital content.…”

Section: Clash Of Culturesmentioning

confidence: 99%

Clash of cultures – integrating copyright and consumer law

Helberger

Guibault

2012

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Purpose -This article seeks to deal with the fundamental conceptual differences between consumer law and copyright law that render the application of consumer law to copyright-law related conflicts difficult.Design/methodology/approach -Following a normative approach to copyright and consumer law based on an analysis of the relevant literature and case law, the article examines in which situations consumers encounter obstacles when trying to rely on consumer law to invoke ''privileges'' granted to them under copyright law, such as the private copying exception.Findings -Research shows that most difficulties lie in the fundamental conceptual differences between consumer law and copyright law regarding the objectives and beneficiaries of each regime, as well as diverging conceptions of ''property'', ''user rights'' and ''internal market''. Such discrepancies undeniably follow from the fact that each regime traditionally never had to deal with each other's concerns: consumers never played a role in copyright law, whereas copyright protected works were not seen as consumer goods.Originality/value -By identifying the main conceptual differences between the two legal regimes, the article contributes in an inter-disciplinary manner to the discussion on the place of the digital consumer under European law.

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The Regulation of Digital Content B2C Contracts in CESL

Loos

2014

Studies in European Economic Law and Regulation

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Should the Consumer Rights Directive apply to digital content?

Cited by 3 publications

References 0 publications

Digital Content Contracts for Consumers

Digital Content Contracts for Consumers

Clash of cultures – integrating copyright and consumer law

The Regulation of Digital Content B2C Contracts in CESL

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