Regulation on cross-border portability of online content services : roaming for online service companies or the end of copyright territoriality?

Abstract

Online connectivity is considered to be one of the greatest achievements of mankind. This has opened new paths for the development of technology and sharing of content, including online content portability. The EU is striving to create a Europe which will allow its members travelling within the territory to carry with them online content. Chapter 1 of this thesis introduces technology and the relevant legal equivalent. Basic concepts and terms such as copyright, piracy and geo-blocking are explained. The choice of legal instrument, being a Regulation, merits observation and this will also be discussed. Chapter 2 will explore the current copyright situation, both locally and in the EU. Due to the nature of the Regulation on cross border portability the section on copyright pertaining to this thesis will be tackled from a territorial point of view. Territoriality is one of the strongest elements of Copyright and it is interesting to comment on how the new Regulation on online content portability will affect this. Many commentators question why the EU opted for this type of legal implementation and whether there have been other considerations with regards to the method of introducing cross border portability. In fact Chapter 3 is a discussion and critical analysis on the studies carried out prior to the Regulation and whether such studies have done a successful job in anticipating and amending potential issues that may arise. Of particular importance in this chapter is the study of the Impact Assessment on cross border portability conducted by the EU which considers all the viable options and proposed amendments. The Regulation has been constantly updated over the past two years. Chapter 4 is a detailed chronological analysis on the journey of the development of the Regulation, highlighting what has changed and why. The chapter will also point out the crucial criteria of verification methods and temporary presence. This will be followed by the presentation of the latest Regulation of 2017 and comments from the author of this thesis with regards to pending issues that might need redress. Lastly, the thesis will answer the question set out in the title.