Authors: J-P

Jondet, Nicolas (UK, France): La France v. Apple: who's the dadvsi in DRMs?

Kleve, Pieter; de Mulder, Richard and C. (Kees) van Noortwijk (Netherlands): Information Technology In Intellectual Property Law: Problem solving or window dressing?

Liu, Yue (China, Norway): Identifying legal concerns in biometric context

Lorenz-Orlean, Stefanie; Hagedoorn, John and Hans van Kranenburg (Netherlands): The preference of companies for technology transfer through alliance-embedded licensing or exclusive licensing agreements

Lotfaliei, Babak (Iran): Measuring Market Risk by Value at Risk Methodology for Stock Market Portfolios at the Tehran Stock Exchange: Customized Model for an Emerging Market

Ma, Minhu and Ke, Yi (China): Three Remarks on Information Security Legislation of China

Mainga, Wise (South Africa): An exploratory review of Enterprise training and Technology-upgrading in South African manufacturing firms in the late 1990s; Gauteng Province

Mancuso, Salvatore (Italy, Macau): The Harmonization of Commercial Law in Africa: the Project Related to Telecommunications in the OHADA Harmonization Process

Mendis, Dinusha (UK): 'University Challenge':Balancing the interests of academic authors, publishers and users in Higher Education

Mohan, Kranti (India, United Kingdom): Database Directive: The impact of ECJ's interpretation in the BHB case

Morse, Edward A. (USA): Technological Entanglements:Evidentiary and Ethical Considerations of MetadataIn Interjurisdictional Litigation

Mosier, Gregory and Fitzgerald, Tara (USA): US State Courts, Torts and the Internet: Topsy Turvy in the Worldwide Web

Msanjila, Simon and Afsarmanesh, Hamideh (Netherlands): Understanding and Modeling Trust Relationships in Collaborative Networked Organizations

Ncube, Caroline (South Africa): Protecting business methods in South Africa and Zimbabwe
La France v. Apple: who's the dadvsi in DRMs? by Nicolas Jondet, University of Edinburgh.
Nicolas Jondet is a PhD candidate at the University of Edinburgh and a research assistant with the AHRC Research Centre in Intellectual Property and Technology Law at the same university. In 2001, he obtained his law degree from the Paris XI University as well as a Masters in legal translation in French, English and Spanish from the ISIT in Paris. He obtained a LLM (with distinction) from the University of Edinburgh in 2002. He is the copyright editor of SCRIPT-ed, the online journal of the research centre, and his interests include international copyright law, IP/IT and privacy law.


Abstract
On August 1, 2006 the French Parliament passed the law on copyright and related rights, known as DADVSI (loi relative au Droit d'Auteur et aux Droits Voisins dans la Société de l'Information), which implements the European Copyright Directive of 2001. The main feature of the law is the legalisation of technical protection measures for copyrighted works (also known as TPMs or DRMs) and the introduction of legal mechanisms to protect and enforce these technical measures.The DADVSI law introduces the requirement of interoperability for technical measures, which means that any DRM-protected music file must be playable on any device, irrespective of its brand or of the software used to read it. Such requirement of compatibility between competing DRMs threatens Apple's exclusive DRM technology. In doing so, the law threatens the umbilical cord between the iPod player and the music sold on iTunes, and thus Apple's dominance in both markets. This paper will describe how French lawmakers have managed to put in place an original and, so far, unique legal framework based around a new independent body in charge of implementing DRM interoperability and of ensuring that technical measures do not upset the balance between the interests of the rightholders and those of the consumers
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Information Technology In Intellectual Property Law: Problem solving or window dressing? by Dr. Pieter Kleve, Prof. Richard V. De Mulder and Dr. C. (Kees) van Noortwijk. Erasmus University.
Dr Pieter Kleve (1954) has been a lecturer in Computer Law at the faculty of law, Erasmus University Rotterdam, since 1986. He is a participant in the research school safety and society and has a special interest in intellectual property and ecommerce.






Prof. R. (Richard) V. De Mulder(1946) holds the chair of Computers and Law at the faculty of law, Erasmus University of law. He is the director of the Erasmus University research programme "Safety and Monitoring" which is part of the national research school "Safety and Security in Society" (onderzoeksschool maatschappelijke veiligheid, OMV). Richard De Mulder has a special interest in jurimetrical research and the application of new technology, especially for monitoring and safety.

Dr. C. (Kees) van Noortwijk (1961) is a senior lecturer and researcher at Erasmus University. He teaches 'Computers and Law'- related subjects to law students, as well as several post-graduate courses. Research projects he has been involved in recently include the development of conceptual legal information retrieval systems and of software that can serve as an aid in correcting 'open question' exams and assignments.


Abstract
The application of information technology in society has inspired many (supranational) legislators to adapt existing legislation to meet the challenges created by new developments in the ‘information society’. Since information processing systems – or rather data processing systems – form the very foundation of the ‘information society’, it is not surprising to see that many legislative initiatives have been undertaken in the field of intellectual property rights. These initiatives, however, often seem to be concentrated on information technology itself rather than on the social problems that may have arisen from it.
In this paper, a number of EU directives in the field of intellectual property will be discussed. With an emphasis on peer-to-peer file sharing, it will be argued that new legislation with respect to IT products, such as ‘chips’, software and databases, as well as the attempt to create a more general harmonization of copyright, the ‘internet directive’, have led to ‘disharmonization’, while the social problems arising from information technology have hardly been dealt with.
The conclusion is that IT law is not so much a question of harmonizing legal concepts, but rather one of interpretation of legal notions in relation to technical notions. If this would take place, these extensive legislative initiatives would probably not be necessary.
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Identifying legal concerns in biometric context by Yue Liu, University of Oslo.
Yue Liu ( L.L.M., in Law and Information Technology, Stockholm University; M.A., in Theory and Practice of Human Rights, Oslo University, Norway; B.L., in Law, Sichuan University, China) is a PhD research fellow at the Norwegian Research Institute for Computers and Law, University of Oslo, Norway.




Abstract
This paper aims to contribute to the debate of biometrics and privacy concerns by examining the existing legal and academic debates. Several controversial legal problems in the biometric context will be touched upon: the legal status of biometric data, the storage of biometric data, compulsory and voluntary issues and the necessity of using biometric technology. The study will basically be based on the study of relevant EU instruments, Norwegian, Swedish and US case law. Critical comments will be made on the various different views about biometrics and data protection from a legal perspective.
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The preference of companies for technology transfer through alliance-embedded licensing or exclusive licensing agreements by Stefanie Lorenz-Orlean (Maastricht University), John Hagedoorn (Maastricht University) and Hans van Kranenburg (Radboud University Nijmegen).
Stefanie Lorenz-Orlean (1980) is PhD candidate in the Department of Organization and Strategy at Maastricht University, The Netherlands. Her PhD project is titled "The effects of alliances and M&As on dynamic capabilities". Her supervisor is Prof. Dr. John Hagedoorn. Fall semester 2005 she was Visiting Scholar at Columbia University, New York, United States. Her research interests include technology transfer, capabilities theories and alliances.
Abstract
When companies decide to engage in technology transfer to other firms, they have two basic options: to use standard licensing contracts or to set-up more elaborate partnership-embedded licensing agreements. We find that broader partnership-embedded agreements are preferred with higher levels of technological sophistication of industries, with greater perceived effectiveness of secrecy as a means of appropriability, and when licensors are smaller than their licensees. Innovative differentials between companies, innovative supremacy of the licensor, and market and technological overlap between partners appear to have no effect on the preference for a particular form of technology transfer.
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Measuring Market Risk by Value at Risk Methodology for Stock Market Portfolios at the Tehran Stock Exchange: Customized Model for an Emerging Market by Babak Lotfaliei, Sharif University of Technology.
Babak Lotfaliei (B.Sc. in Industrial Engineering ; M.B.A. Sharif University of Technology Iran) is Research Assistant and lecturer at Sharif University of Technology. He is also the project manager of Persia Fund project manager in cooperation with Razavi brokerage.
Abstract
Value at risk (VaR) is a tool for risk managers to measure and synthesis portfolio-risk. While there are plenty of methods and standards for risk management in developed stock markets, investors at the Tehran Stock Exchange (TSE) lack valid risk-management tools. Complicated and unpredictable price volatility discards elementary methods in such an inefficient market. In this study we developed a customized version of VaR for portfolio managers at TSE as well as market supervisors. Revised version of exponentially weighted moving average method (EWMA) was validated for 5% daily VaR calculations. Thereafter, factors like incremental VaR (IVaR) and marginal VaR (MVaR) helped us to analyze and interpret risk elements for portfolios and market. All calculations and models were based on software with MATLAB 7.1 core and user interface with visual C++, especially coded and used during project. Price data was collected for portfolios of “Bank of Industry and Mine” (Iran’s biggest development bank), Industry and Mine Investments, Atiyeh Damavand Investments, and 50 Co (most-active fifty stocks at TSE, as sample of listed companies) for 2 years. Kupiec and Christoffersen back-tests supported revised EWMA as risk calculator for stock. Study showed that some stocks at TSE need market maker to control market risk.
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Three Remarks on Information Security Legislation of China by MA Minhu and YI ke. Xi'an Jiaotong University and Jindi Law Firm.
MA Minhu is professor at the law department of Xi'an Jiaotong University, Chairman of Information Security Law Research Branch of Shaanxi Legal Society. He is also the director of Chinese information law seminar, the academician of the World Jurist Association, the adviser of information & network security experts group of Shaanxi Province, the consulter of Xi'an intermediate people's court of the People's Republic of China and the arbiter of Xi'an Arbitration Commission. His research includes civil & commercial law, intellectual property law and information security law.
Yi Ke is the associate dean of Jindi Law Firm and Secretary General of Information Security Law Research Branch of Shaanxi Legal Society. He is national excellent lawyer and a master degree holder. His research includes finance law, intellectual property law and information security law. He enjoys the distinction of being named as the "outstanding lawyer of Xi' an", "satisfactory lawyers of the people" and "the third top ten lawyer". He serves as legal columnist-anchor for CCTV.
Abstract
This paper starts from the viewpoint of information security as an important national strategy and establishes the value orientation of the information security legislation, which are security and development. It analyzes the scope of adjustment on the information security legislation, and expounds the principles of the information security legislation of China: the principle of risk prevention; the principle of priority protection; the principle of accountability; the combination principle of management and protection.
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An exploratory review of Enterprise training and Technology-upgrading in South African manufacturing firms in the late 1990s; Gauteng Province by Wise Mainga, University of the Western Cape.
Prof. Wise Mainga is senior Lecturer at the University of the Western Cape Department of Management, Faculty of Economic & Management Sciences [Cape Town, South Africa] . He finished his Post Doc (Business Economics)at the University of the Witwatersrand and his PHD (Industrial Management/Development) from University of Bradford (UK)
Abstract
As the South African economy gets more integrated into the global economy, the competitive restructuring of local manufacturing firms will be critical to their survival and future growth. Consequently, skills and technological upgrading will be crucial in upgrading the international competitive advantage of local firms. Enterprise-provided training is one means used by local firms to continuously upgrading their knowledge bases, increase their competitiveness, and enhance employment growth over time. Several studies have identified salient trends that have accompanied economic restructuring since 1994. In particular, economic reform measures exposed skills deficiencies in the productive sector, led to an increase in the capital-intensity of the manufacturing sector, and has precipitated an increase in income inequalities between skilled and unskilled workers. Skill deficiencies have raised the importance of skill-upgrading through schooling, and training of existing and new workforce. Despite a couple of studies on the evolution of the labour market in South Africa, no study (to our knowledge) has explicitly examined the relationship between Technological upgrading on one hand, and various (disaggregated) types of training/learning variables on the other. This paper aims to fill that gap, by focusing on disaggregated enterprise-based training efforts. The study uses the Human Capital Theoretical framework to answer the main research question: Which disaggregated learning variables (i.e., on-the-job or off-the-job training offered to different occupational groups) is significantly associated with new capital investment or technological upgrading? Possible policy implications of research findings are outlined.
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The Harmonization of Commercial Law in Africa: the Project Related to Telecommunications in the OHADA Harmonization Process by Salvatore Mancuso, University of Macau
Salvatore Mancuso is a lawyer, partner and founder of the law firm Castellucci e Mancuso, located in Milan, Rome (Italy) and Asmara (Eritrea). He got his Bachelor of Law at the University of Palermo (Italy) and has obtained its Ph.D. in Comparative Law in the University of Trieste (Italy). He is Professor of Comparative Law and Business Law at the University of Macau, and he has been a lecturer at the Universities of Trento, Asmara and Shanghai. He has published several articles on Comparative and African Environmental Law.
Abstract
The article starts from the examination of the reasons of the recent trends towards legal integration and gives a brief overview on the system to pursue the objective of legal integration. Then the major form of legal integration in the African continent - the OHADA - is taken into consideration by giving the main features of this legal harmonization process. The article further focuses on the possibility of reaching harmonization of the legal rules on telecommunications in the countries belonging to the OHADA. The paper also presents the reasons in favour of such legal harmonization, the possible obstacles that can be faced, and suggests some hints for the drafting process of the possible future uniform act.
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'University Challenge': Balancing the interests of academic authors, publishers and users in Higher Education by Dinusha Mendis, University of Edinburgh.
Dinusha Mendis recently submitted her doctoral thesis 'An insight in to Copyright Collecting Societies and their interaction with Higher Education Institutions' at the University of Edinburgh. Whilst preparing for the viva, which is to be held at the end of December 2006, she works as a Research Associate and Part-time Tutor for the AHRC Research Centre for Studies in Intellectual Property & IT Law at the University of Edinburgh. Dinusha studied law and holds a LL.B. from the University of Aberdeen; LL.M. from the University of Edinburgh; and PgDL from the Nottingham Trent University. Dinusha gained an insight in to the practice of Intellectual Property law whilst working for the IP law team at Shepherd & Wedderburn Solicitors in Edinburgh. In October 2001 she was Called to the Bar of England & Wales and is a member of the Honourable Society of the Middle Temple Inn, London.
Abstract
The aim of this paper is to highlight the interaction between the publisher, author and user; the weaknesses of the traditional publishing system, which appears to favour the publisher over the academic author and consider solution from the digital era, which can benefit the author and user alike, as much as it benefits the publisher.
One of the arguments in this paper is that if authors are creating the works for publication and academic publishers are making a significant amount of money from the authors' creative works, is it not reasonable for the author to expect a share of the remuneration? In this context, the paper also considers whether copyright collecting societies such as the Copyright Licensing Agency in the UK accurately remunerates the author. Such questions have given rise to much debate in recent years and have become a matter of serious concern within the scholarly community.
Whilst the weaknesses of the present system are highlighted, the paper also considers three solutions, which aim to create a fair balance between the main stakeholders: the author, user and publisher. These include the Higher-Education Resources On Demand (HERON); Zwolle principles; and the open-access initiative or the author-pays system.
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Database Directive: The impact of ECJ's interpretation in the BHB case by Kranti Mohan, Newcastle Law School, University of Newcastle upon Tyne.


Kranti Mohan is finishing his LLM (International Trade Law) at the Newcastle Law School, University of Newcastle upon Tyne, Newcastle upon Tyne, United Kingdom. He was awarded the first prize, in All India Essay Competition on the topic, "Critically assess the legal implications of the current renegotiation of WTO agreements for India", of full-fee scholarship by University of Newcastle upon Tyne to pursue LLM. He received his LLB degree from Kurukshetra University, India and a Intellectual Property Diploma from the World Intellectual Property Organisation
Abstract
The Directive, of the European Parliament and of the Council, of 11th March 1996 (96/9/EEC) (the Directive) was adopted in order to afford protection to Databases. The Directive, adopted a two-tier approach for the protection of databases. The first tier comprises of copyright protection for databases that succeed in exhibiting selection or arrangement constituting the author’s own intellectual creation (Chapter II). The second tier of the database directive is a new form of intellectual property right known as the sui generis right (the database right) (Chapter III). British Horseracing Board Limited and others v. William Hill Organisation Limited [4] was the first case regarding the Directive in the United Kingdom and it, eventually, led to the interpretation of the database right by the European Court of Justice (ECJ). The Fixtures Marketing cases [9], which were clubbed together by the ECJ with the BHB case, were on a slightly different set of facts, but led to an almost similar conclusion as in BHB case. The European Court of Justice (ECJ) elucidated the database right for the first time in British Horseracing Board v. William Hill Organisation case (BHB case), addressing some of the concerns and issues with respect to the database right and resulting in providing a certain degree of clarity about the nature of this right. More importantly, it failed to address certain other significant issues. This paper would analyse the impact of the ECJ’s interpretation of the database right.
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Technological Entanglements: Evidentiary and Ethical Considerations of MetadataIn Interjurisdictional Litigation by Edward A. Morse, Creighton University School of Law.













Edward A. Morse, Professor of Law, was recently appointed as the inaugural holder of the McGrath, North, Mullin & Kratz endowed chair in Business Law.

Professor Morse received his Bachelor of Science Business Administration degree from Drake University in 1985; and his Juris Doctor degree from the University of Michigan Law School in 1988. Before joining Creighton's faculty in 1994, he was law clerk for the Honorable Deanell R. Tacha of the United States Court of Appeals for the Tenth Circuit and he was associated with the Atlanta office of Sutherland, Asbill & Brennan. Professor Morse is a member of the bars of Nebraska and Georgia, and he holds a CPA certificate in Iowa. He is active in the ABA Section of Taxation. From 2001-2005 he served as Associate Dean for Academic Affairs in the School of Law.

Professor Morse’s scholarship and teaching focuses on business and taxation issues. Current projects include a chapter for a new Lexis/Nexis treatise (FedTax In Depth) on tax accounting issues for farmers, the annual summary of important income tax developments for the Great Plains Federal Tax Institute, and research papers involving international trade in services and fiduciary responsibilities in connection with corporate insolvency.
Abstract
Ethical and evidentiary rules governing the disclosure of confidential information are interrelated in many respects. However, they have developed independently. The law governing inadvertent disclosure of confidential information has not produced consistent and certain results, which may vary depending on the jurisdiction. This uncertainty persists with regard to the matter of metadata available from electronic document forms. This paper argues that ethical and evidentiary principles should be coordinated in order to avoid incentive structures that maximize litigation costs devoted to protecting and discovering metadata in routine documents.
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US State Courts, Torts and the Internet: Topsy Turvy in the Worldwide Web by Gregory C. Mosier and Tara Fitzgerald, Oklahoma State University.
















Dr. Gregory C. Mosier is Regents Service Professor of Legal Studies in Business in the Williams S. Spears School of Business at Oklahoma State University. Mosier is the author or co-author of numerous academic and commercial publications and a recipient of the OSU Regents Distinguished Teaching Award in 2003. He has been honored with the School's Outstanding Teaching Award and the University Extension Faculty Excellence Award. The MBA Student Association named him Professor of the Year in 2003, and he was recognized as the Outstanding MBA Faculty member for 1999. Mosier served as president of the Rocky Mountain Academy of Legal Studies in Business from 2002-03 and was president of the Southern Academy of Legal Studies in Business from 1993-94. Mosier also served as interim associate dean for the Spears School of Business from 1992-93 as associate dean from 1993-97 and as interim dean of the College from 1994-95 and 2004-2006. He was administrative committee chair for the Master of Science in Telecommunication Management Program. From 1997 -2004, Mosier was academic program chair for the MBA program offered by National Technological University.Mosier received a bachelor of science in 1978 from OSU, a juris doctorate from the University of Kansas in 1981 and an Ed.D. in higher education administration from OSU in 1986. Prior to joining the OSU faculty, he was a corporate attorney in Odessa and Houston, Texas with Parker Drilling Company. Mosier is a member of the State Bars of Kansas, Texas and Oklahoma.




Tara Fitzgerald is a Visiting Faculty member of Business Law & Accounting at Oklahoma State University-Tulsa. She has worked in public accounting as a manager for Deloitte & Touche, LLP & Los Angeles, CA & Tulsa, OK, as well as an attorney for a private law firm in Southern California.Fitzgerald is admitted to the state bars of California, Massachusetts and Oklahoma. Her education includes an LL.M. in Taxation from Boston University School of Law and a J.D. from Southwestern University School of Law. In addition she has studied at the University of San Diego School of Law Institute on International and Comparative Law and University of the Pacific, McGeorge School of Law, Salzburg Institute on International Legal Studies. Her research interests in include technology and the law and corporate social responsibility.
Abstract
United States state courts administer common law principles that remedy injuries arising from tortious activities. Federal statutory restrictions and overbroad federal court rulings have created immunity for many activities in the context of cyberspace. This paper reviews a number of state court decisions in the United States and surveys several basic tort principles in regard to their application to technology-enhanced activities on the Internet. Tort concepts, under traditional common law concepts , if left unrestricted, can develop to serve multiple interests.
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Understanding and Modeling Trust Relationships in Collaborative Networked Organizations by Simon Samwel Msanjila and Hamideh Afsarmanesh, University of Amsterdam.
Ir. Simon Samwel Msanjila has graduated BSc. in Computer Science in 2001 from the University of Dar es Salaam, Tanzania and MSc. in Systems Engineering in 2004 from Delft University of Technology, The Netherlands. Since September 2004, he has started his PhD research at the Computer Science department of the University of Amsterdam specializing on trust management for collaborative networked organizations. His current research is performed in the European project called ECOLEAD (www.ecolead.org). He has published papers in areas of trust management for collaborative networked organizations, web-services, and modeling and simulation of web-service based business processes.











Dr. Hamideh Afsarmanesh is an associate professor at the Computer Science Department of the faculty of Science of the University of Amsterdam in the Netherlands. At this faculty, she is also the director of the CO-IM (CO-operative Information Management) group. She has received her PhD in Computer Science from the University of Southern California (USC) in 1985, and her MSc degree also in Computer Science from the University of California, Los Angeles (UCLA) in 1980. Her current research focuses on the areas of Federated /Distributed Cooperative Databases, Virtual Organizations /Virtual Laboratories /Virtual Communities, Integration of Autonomous and Heterogeneous Databases, and the design and development of specialized Web-based Applications for a wide variety of domains such as Bio-Informatics, Manufacturing, Tele-assistance, and Distributed Control Engineering. She has directed research in more than fifteen National, European, and International projects. She has been involved in the organization and has initiated / chaired several International conferences and workshops. She has published more than 150 articles in journals, books, and refereed conference proceedings in computer science research. She has co-edited more than ten books and various issues of international Journals. She is the Dutch representative at the IFIP TC5, and a member of the IFIP WG5.3 and WG5.5.
Abstract
 This paper paves the way for understanding the base notion of trust relationships among organizations, which is central to the successful operation of collaborative networked organizations (CNOs). The suggested approach for establishment of trust relationship is particularly important for large and very large CNOs where their member organizations are not totally known by each other; nevertheless need to trust each other to collaborate. This paper contributes to understanding and modeling of trust relationships in CNOs. It analyzes elements necessary for modeling trust relationships and presents three possible formalisms: record-based, object-based, and ontology-based for modeling trust relationships in CNOs.
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Protecting business methods in South Africa and Zimbabwe by Caroline Ncube. University of Capetown


Caroline Ncube (LLB Zimbabwe LLM Cantab) joined University of Capetown in January 2005. Prior to that, she lectured at the University of Zimbabwe (May 2001-July 2003) and the University of Limpopo (August 2003-December 2004). She practised briefly with Coghlan, Welsh and Guest in Harare, Zimbabwe, before embarking on an academic career. She currently teaches company law and corporation law. Her research areas and interests include corporate law reform, business law, e-commerce and intellectual property. She is nearing completion of a doctoral thesis on the legal regulation of patents for business methods in Southern Africa.
Abstract
This paper outlines the protection of business methods in South Africa and Zimbabwe. It begins with an introduction to business methods and proceeds to outline various possible methods of legal protection. It concludes with an opinion as to the most appropriate protection.
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Corporations and Corporate Governance: what do these concepts mean for multinational corporate power and social responsibility? by Adaeze Okoye, Solicitor and Advocate of the Supreme Court of Nigeria.
Adaeze Okoye is a Solicitor and Advocate of the Supreme Court of Nigeria. She holds an LLM from the Centre for Energy, Petroleum, Mineral law and Policy [CEPMLP], University of Dundee, United Kingdom. She was a former intern with the United Nations Environment Programme, Paris in 2001. She worked as a tutor with the CEPMLP, University of Dundee distance learning programme before joining the University of Hull, United Kingdom, as a postgraduate research student and graduate teaching assistant in 2003.

Abstract
The theories of the corporation are influential in the approach of law towards the corporation. These theories also influence further theories on how the corporation is run and in whose interests. This latter subject area is termed 'corporate governance'. The focus in this article is on the utility of these theories and resulting practice to multinational corporations, whose corporate power render them open to wider legitimacy questions.
In this sense, the aim of the article is to discover if these theories and practice address the more pressing governance challenge posed by corporate power, namely that the corporation should be run in society's interests. The conclusion reveals that although, corporate governance deals with some governance issues involved in reconciling the running of the company to ownership or corporation interests, it does not deal with mechanisms for multinational corporation's accountability to society for corporate power or ensure that the corporation is run in the society's interests. These issues may have to be addressed from outside the corporation and within a new and more compelling corporate social responsibility agenda.
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The E-VAT Directive: Mitigating Tax Competition or Spurring It? by Oleksandr M. Pastukhov, Center for Law and ICT (ICRI) K.U.Leuven
Oleksandr M. Pastukhov is Associate Researcher at the Center for Law and ICT (ICRI) K.U.Leuven. He obtained his law degree from Kiev Taras Shevchenko University (J.D. 1997) where he majored in Private International Law. He also completed post-graduate legal studies at the University of Alberta in Canada (1998), Northwestern University in the U.S. (LL.M. 2000), and Koretsky Institute in Kiev, Ukraine (MPhil 2003).

Oleksandr's areas of expertise include intellectual property, secured transactions, international trade law and telecom law. Before coming to Leuven in December 2002, he taught, researched and consulted the government of his native Ukraine in the said areas. Oleksandr is a sole author of a book, 15 articles and a brochure examining various legal and law-related aspects of the Internet's functioning. His current research at ICRI focuses on international taxation of e-commerce. Oleksandr also writes on a wide array of ICT Law issues, such as copyright on the Internet, IT/IP law- and policy-making, and Internet domain names. He has been a Ph.D. candidate at the Faculty of Law of K.U.Leuven since March 2003.

Oleksandr is fluent in Ukrainian, Russian and English. He also studies Dutch.
Abstract
Turnover taxes are generally considered to be risk-free from the tax competition point of view, for they are levied exclusively at the place of consumption. The Value-Added Tax (VAT) imposed by all European Union (EU) member states, though, has become a source of distortion in the trans-Atlantic trade: non-EU suppliers of electronic services were not required to collect the VAT, while their EU competitors were. The level playing field in EU’s foreign trade in electronic services was restored in 2002 by the so-called e-VAT Directive that obliged non-EU providers of electronic services to charge the VAT at the rate of the member state their consumer resides in. This paper argues that besides being largely unenforceable, the Directive has created another misbalance in the infra-EU electronic commerce. It is being demonstrated that since the Directive is not applicable to EU vendors, non-EU businesses can and do circumvent it by establishing daughter companies in EU jurisdictions with the lowest VAT rates and thus spur the infra-EU tax competition.
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Evidencing security of Internet transactions by Paul Przemyslaw Polanski, University of Warsaw.
Paul Przemyslaw Polanski obtained his PhD from the Faculty of Law and the Faculty of Science of the University of Melbourne, Australia. He also holds a degree in Law from the University of Adam Mickiewicz in Poland and an IT degree from the Monash University in Australia. He also holds teaching posts in the Department of European Law at the University of Warsaw and in the Department of Information Technology at Leon Kozminski Academy of Entrepreneurship and Management in Warsaw, Poland.
Abstract
Security of online transactions is generally not covered by international, European or national legislation. With the exception of laws on electronic signatures, online banks and entrepreneurs have to rely on industry customs, standards and best practices. The present article describes a methodology that could be employed to establish the commonality of electronic practices in judicial proceedings. Two security practices are then examined: the practice of supporting strong encryption of transactions by banking servers and the practice of denial of service to "weak" clients. The empirical analysis proves that the former practice is customary, whereas the latter could be regarded as custom in statuu nascendii or as the best practice. Finally, this paper makes a call to configure web servers so that they deny a service, if a web browser does not support strong encryption of transactions.
International Electronic Contracting in the newest UN Convention by Paul Przemyslaw Polanski, University of Warsaw.
Abstract
On 23 November 2005 ,the United Nations General Assembly adopted a new Convention on the Use of Electronic Communications in International Contracts. Eight countries including China and Singapore signed it but the Convention is not binding yet as it still requires the ratification by three states. This paper analyses the most important provisions of this Treaty related to electronic contracting .
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