Daniel Jongsma

Daniel Jongsma
  • Doctor of Philosophy
  • Postdoctoral researcher at Hanken School of Economics

About

9
Publications
627
Reads
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17
Citations
Current institution
Hanken School of Economics
Current position
  • Postdoctoral researcher

Publications

Publications (9)
Article
Full-text available
Can internet service providers be required to retain IP addresses to facilitate the identification of internet users? In its first La Quadrature du Net ruling, from 2020, the ECJ seemed unequivocal: Member States may only impose such an obligation for the purpose of combating serious crime, preventing serious threats to public security or safeguard...
Article
Full-text available
This article critically examines the ECJ’s use of fundamental rights and balancing rhetoric in its copyright case law. It distinguishes between its use in two main contexts: the interpretation of EU secondary legislation itself and the delineation of the limits of the discretion left to Member States in that legislation. It explains how the ECJ, de...
Preprint
Full-text available
This is a pre-edited version of a paper accepted for publication in the Common Market Law Review --- Can internet service providers be required to retain IP addresses to facilitate the identification of internet users? In its first La Quadrature du Net ruling, from 2020, the ECJ seemed unequivocal: Member States may only impose such an obligation f...
Article
1 Introduction Can fundamental rights function as external restrictions to copyright law, that is should certain uses be exempt from copyright infringement in order to safeguard such rights, even though no limitation or exception applies? This question has been extensively debated in academic circles for years, if not decades.¹ This debate essentia...
Book
Full-text available
PhD dissertation defended at Hanken School of Economics (Helsinki, Finland) on 24 January 2020. This text contains small textual changes compared to the version that was defended. As a result, the page numbering may vary slightly between versions. The original text is also freely accessible on Hanken's website. --- As a result of extensive, if in...
Article
Many EU Member States have a well-established approach with regard to the use of copyright-protected works for the purpose of parody. As a consequence of the CJEU’s Deckmyn decision, in which the Court held that parody is an autonomous concept of EU law and defined that concept, their approach may need to change. This article looks at the criteria...