Revista de Direito, Estado e Telecomunicações
- Grupo de Estudos em Direito das Telecomunicacoes (GETEL)
- Data de publicação:
- COPYRIGHT Grupo de Estudos em Direito das Telecomunicacoes (GETEL)
Número de revista
- Núm. 11-2, October 2019
- Núm. 11-1, May 2019
- Núm. 10-2, January 2019
- Vol. 10 Núm. 2, October 2018
- Núm. 10-1, January 2018
- Núm. 9, January 2017
- Núm. 8, January 2016
- Núm. 7, January 2015
- Núm. 6, January 2014
- Núm. 5, January 2013
- Núm. 4, January 2012
- Núm. 3, January 2011
- Núm. 2, January 2010
- Núm. 1, January 2009
Documentos mais recentes
- Website promotion and protection of intellectual property: a spanish law perspective
The aim of this article is to analyse actions to promote websites that can violate intellectual property rights, in other words, copyright and the rights of online commercial brands. Methodology/approach/design – An analysis of Spanish legislation on intellectual property rights. Findings – Service providers that advertise on Internet deploy increasingly aggressive advertising formats which, on occasions, violate intellectual property rights. Spanish law on brands and unfair competition provides effective tools to sanction the various types of infraction that occur on Internet. This legislation could also be supported by industry self - regulation. Practical implications – The analysis in this article can be of considerable use to all actors who operate in this setting (society, and the public and private sectors). Originality/value – This article analyses the infractions that occur in advertising in relation to meta-labels and online links. Keywords: E-commerce. Competition. Internet. Regulation. Telecommunications.
- The European Audiovisual Communication Directive and the Actual Regulation of the Obligation of Early Financing of European Works for the Video on Demand Segment
Purpose – Demonstrate how the European Union regulates the obligation of early financing of European works for the segment of video on demand as well as the regulation in each of the 28 Member States of the European Union. Methodology/approach/design – Present the historical evolution for the comprehension of what were the reasons for this non-harmonization and analyse the legislation of each member of the European Union to demonstrate that contradiction. Findings – A Directive is a legal instrument of the European Union to standardize legislation. However, regarding the imposition of the obligation of early financing of European works for the segment of video on demand, there is no standardization of national legislations. Value – Establish the European model for the regulation of the advance financing of European works for the video on demand segment to know if it can be a model for States which hasn’t regulated yet this segment (such as Brazil). Keywords: Directive. Audiovisual Communications. Audiovisual Directive. Obligation of Early Financing of European Works. European Union.
- Technologies of dynamic access and shared use of the radioelectric spectrum
The quest to reduce the digital divide and increasing the traffic capacity of mobile networks to meet the demand for future connectivity led the Federal Institute of Telecommunications (IFT), through the Directorate of Engineering and Technology. Methodology – Analysis of the state of the art of the technologies of dynamic access and shared use of the radioelectric spectrum (TADUCE) in order to identify those that are susceptible to adoption in Mexico. The technologies analyzed in the research are those based on LTE (Long Term Evolution) that operate in frequency bands of free use, emerging technologies based on MIMO, Cognitive Radio (RC), Device-to-Device (D2D) and TV White Spaces (TVWS) communications. Findings – The DIT establishes different recommendations that the IFT must consider in order for these technologies to be optimally implemented in the country. Keywords: Technologies of Dynamic Access. Shared Use Spectrum. Massive MIMO. Device-to-Device.
- Obligation to do as a regulatory sanction in Brazil: application to the telecommunications sector
This article approaches the legal and economic dimensions of the fine and the so-called obligation to do as alternative sanction methods within the Brazilian regulatory framework and the latter´s relative potentials regarding the full exercise of economic functions by the regulator. Furthermore, it highlights the relative advantages and challenges of the obligation to do and how it can maximize the allocative efficiency of administrative sanctions. Methodology/approach/design – A critical analysis of a pioneering application of the obligation to do, carried out by the telecommunication’s regulatory agency, allows to elucidate the essential requirements for its use and governance. Findings – Conclusions suggest that the obligation to do allows the fulfillment of the allocation, stabilization and distribution functions by regulator while potentially increasing both the society expectation towards sanctioning and investment in the sector. Originality – It presents a pioneering perspective on the exercise of the obligation to do as sanction in the Brazilian telecommunications sector. Keywords: Administrative sanctioning. Economic functions. To do Obligation. Infrastructure Investment.
- Geoblocking and geopricing: an analysis in the light of Mike Feintuck's public interest theory
Purpose – This study aims to demonstrate that companies are not free to operate in the ecommerce field, notably with regard to geoblocking and geopricing practices, since they must duly respect constitutional economic order principles. Methodology/approach/design – The methodology of the paper is based on Mike Feintuck’s public interest theory, according to which there are values beyond those of market economics that should be preserved, often to the detriment of private interests. Furthermore, the Decolar.com case is used as an empirical case study. Findings – It has been identified that geoblocking and geopricing practices can effectively violate constitutional principles and that consumer and antitrust microsystems can suppress those conducts, shaping the performance of economic agents to the public interest. Practical implications – The results of this article indicate that consumer and competition agencies can act more actively to curb the harmful geoblocking and geopricing practices. Keywords: Geoblocking. Geopricing. Consumer Defense. Antitrust. Internet Regulation.
- Reversibility of Assets of Concessionaires of Local Fixed Telephony considering the Theory of Responsive Regulation
Purpose – The purpose of this article is to investigate whether the reversal to the public domain of assets owned by the current service provider, in the context of concession of public telecommunications service, is still the only, or even better, way to achieve the objectives it aims, especially the continuity of the service, in relation to the theoretical framework of Ayres and Braithwaite’s Theory of Responsive Regulation. Methodology/approach/design – The research will consider the structuring statutes of the telecommunications sector, the secondary norms produced by Anatel, as well as national and foreign literature on the subject. Findings – After analyzing the doctrinal and normative framework on the subject of reversible assets in the telecommunications sector in light of the Responsive Theory of Regulation, it is believed that it will be possible to discern solutions that best fit the analyzed Theory, and there are many arguments against the preservation of the current model, which does not incorporate adequate regulatory modeling to address the issue. Keywords: Theory of Responsive Regulation. Reversible Assets. Telecommunications Services. Public Concession of Telecommunication Service.
- Domain name system (DNS), ICANN and Brazilian stakes
Purpose – The article addresses the Brazilian participation in ICANN and the interests of Brazil. As an introduction to the topic, a synthesis is presented on the DNS system, as well as on the origins, nature and role of ICANN, its structure, functioning, principles and governance mechanisms. Then, the main criticisms by the doctrine regarding the (lack of) participation of peripheral countries in ICANN are summarized. The next topic lists the groups and support organizations that have Brazilian members and presents some concrete cases analyzed within the scope of ICANN that affect Brazilian interests, including the registration of new gTLDs. Methodology/approach/design – The research has an eminently descriptive form, without neglecting the problematization of some related issues (specifically with regard to the interests of Brazil in ICANN). The theoretical framework is based on the studies of Milton Mueller and other authors (referred to in the bibliography) on internet governance. Findings – The paper identifies and describes, in a succinct and objective way, the DNS system, ICANN (its origins, its role and its operation) and what are the Brazilian interests related to it. Originality – It is a subject not yet explored in doctrine. Although there is a bibliography on the DNS, the origins, functioning, structure and especially the possible interests in Brazil in ICANN are little studied. Keywords: Domain name system (DNS). ICANN. Brazil. Participation. Interests.
- Planned obsolescence and consumer protection: comparative approach of Luso-Brazilian law
Purpose – The text addresses the problem of planned obsolescence from the point of view of consumer protection, based on the decisions of Autorità Garante della Concorrenza e del Mercato which condemned Samsung and Apple on the grounds of the prohibition of unfair commercial practices. It aims to consider the scope of the applicable similar norms in Portuguese and Brazilian legal systems. Methodology – Analysis of the grounds relied on those decisions, as well as the relevant doctrine regarding planned obsolescence and consumer protection from a comparative law perspective. Findings – The text demonstrates which norms can ensure consumer protection in the case of technical or functional planned obsolescence, especially considering the communication dimension, which focuses on the right to information. Keywords: Planned Obsolescence. Consumers. Unfair Commercial Practices. Information.
- Regulatory Framework. 2018 Statutes and Regulations of the Telecommunication Sector
- Mapping the origin of digital inequalities: an empirical study about the city of São Paulo
Purpose - Approaches that attribute inequalities in access and use of the Internet to structural economic factors and contemplate the reproduction of individual off-line characteristics in the digital environment are predominant in the specialized literature. Recently, however, the focus has been shifting to the differences in patterns of digital inclusion according to characteristics of particular communities or territories. Methodology/approach/design - The empirical study investigates to what extent the territory matters to explain the variability of Internet use and the existence of ICT skills. Based on a sample survey conducted in 2016, the study analyses data collected on the city of São Paulo/Brazil. Findings - The results indicate that, in addition to socioeconomic conditions, territorial aspects are important for understanding digital inequalities. Nonetheless, it suggests that the level of territorial disaggregation must be taken into consideration when measuring the use of the Internet and ICT skills. Practical implications - The study highlights the need for deeper theoretical and methodological considerations of social, institutional and regulatory factors that affect the scenario of online inequalities, including place-based effects of urban policies
Documentos em destaque
- Neutralidade de rede: Finalidade, Eficácia, Efetividade e Eficiência
Propósito - Este artigo pretende abordar o papel da neutralidade de rede, partindo da premissa de uma estrutura de rede de internet escassa. Metodologia/abordagem/design - O artigo descreve algumas histórias de sucesso e fracasso de serviços de internet para ilustrar alguns pontos daquilo que se...
- Normas primárias e secundárias do setor de telecomunicações em 2013
- Normas primárias e secundárias do setor de telecomunicações em 2014
- Resistencia do Direito a Tecnologia: uma analise teubniana de comunicacao e regulacao.
- The effectiveness of French contract law in the face of Internet giants
Purpose - The article analyzes the French contract law in order to assess its usefulness to provide regulatory means of the big techs. It shows that the recent reforms of the French contract law have not been able to empower the consumers and result in a stronger protection against abuse....
- Arbitragem e regulação: uma análise da aplicação do juízo arbitral no setor das telecomunicações
Propósito - O trabalho procura analisar a possibilidade de utilização da arbitragem nos litígios ambientados no setor das telecomunicações, com o objetivo de propor alternativas regulatórias à Agência Nacional de Telecomunicações (ANATEL). Metodologia/abordagem/design - Pela sua natureza...
- Regulação de Riscos e Proteção de Infraestruturas Críticas: os novos ventos do fenômeno regulatório
O propósito deste artigo foi avaliar a responsividade do sistema sancionatório aplicável aos concessionários, permissionários e autorizatários de serviços de radiodifusão no Brasil....
- Resistance of the Law to Technology: A Teubnian Analysis of Communication and Regulation
The article aims to confirm if there is resistance of the Law to Technology in order to admit the protagonism achieved by the second in the last years and to adjust the first to this new reality. Once confirmed the hypothesis, the purpose is to discuss how to overcome this resistance....
- The Public Choice View at the 'Deregulation' Movement: Analyzing the Experience of European Telecommunications
Purpose - The liberalization of European telecommunications has been expressed in highly concentrated markets with several major players at the pan-European level. Instead of fostering competitive marketplaces, the reform has created an oligopolistic landscape with powerful private corporations....
- Acceptance sent through email; is the postal rule applicable?
Purpose - This paper focuses on the application of the postal rule to email, due to the controversy surrounding the application of the “instantaneous” test to emails. Methodology/approach/design - This article analyses standards and literature on the formation of contract under English law. ...