Przemyslaw Polanski

Akademia Leona Kozminskiego · Department of Management

LegalTech 1.0, 2.0, 3.0, Tokenization, smart contract, AI, Eu ID. The use of technological solutions, increasingly often referred to as LegalTech, in the administration of justice is nowadays necessary. It is impossible to imagine courts functioning without information systems or law firms not using electronic databases of case law and legal litera...

Umfassende Erörterung der Problematik der Verbindung des Rechts der neuen Technologien mit der Arbeit eines Anwalts. Die Autoren beschreiben die Entwicklung der Technologie und die wachsende Tendenz der Technik, um die Domäne, die bis vor kurzem war nur für Juristen vorbehalten zu betreten. Heutzutage können die Informationssysteme die Arbeit des A...

Seit dem ersten IGF-Gipfel der Vereinten Nationen 2006 in Athen dient das Treffen Entscheidungsträgern als Forum und Informationsquelle – v.a., was die Nutzung neuer Technologien– einschließlich rechtlicher und politischer Konsequenzen – angeht. Die Diskussionsbeiträge der 6. Tagung in Polen zum Thema „Internet und neue Technologien“ sind in diesem...

Komentarz jest wyczerpującym omówieniem stosowania przepisów KC (2340 stron) przedstawia aktualny stan poglądów nauki i orzecznictwa, a ponadto – tam gdzie, zdaniem Autorów, było to niezbędne – wskazuje możliwe nowe kierunki interpretacji przepisów omawianej ustawy.

Over the course of the last decade, the dialogue surrounding content regulation responsibilities of online intermediaries largely shifted towards a set of precise, notification-based obligations, as opposed to broad, unspecified allocations of liability. The list of efforts (both successful and not) to oblige and/or encourage the operators of onlin...

Liability of Internet intermediaries for a third-party content is a complex topic, especially with regards to the storage of illegal or harmful postings offered by portals. The E-Commerce Directive offered a liberal framework for handling such cases, provided that a hosting service provider has not played an active role in content management. Being...

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number...

International relations between countries increasingly take place in cyberspace. From concerns about cyber security and Internet surveillance to privacy to harmful speech – state and non-state actors developed practices and normative conceptions that could be regarded as international customary law in statu nascendi. The aim of this contribution is...

The EU intends to complete the creation of Digital Single Market in 2015. In order to achieve this ambitious, but rather unrealistic goal, serious initiatives need to be undertaken to remove barriers and introduce new rules reflecting the state-of-the-art of e-commerce and e-government. Over the last three years the EU has commenced several importa...

From its inception the European legislator has adopted a mixed approach to the regulation of a novel and complex phenomenon of the Internet based commerce. The idea of harmonisation or approximation of laws has been accompanied by a parallel process of monitoring of draft laws pertaining to e-commerce, known as the notification procedure under 98/3...

Although the framework for protection of computer programs has been established in the European Union more than two decades ago, it has not undergone any major changes. Opinions of Advocate General Yves Bot have convinced the Court to advance the concept of the plurality of copyright regimes applicable to software: source code, object code and docu...

The present contribution discusses the latest ruling of the European Court of Justice in the case of Google, which may have deeper consequences for advertisers relying on AdWords service, as well as for providers of similar services around the globe. The Court ruling may turn out to be even more important for Web 2.0 service providers as it seems t...

The latest opinion of European Court of Justice (ECJ) Advocate General Poiares Maduro acknowledged the legality of the AdWords service offered by the Google search engine. If this conclusion is accepted by the ECJ, then search engines such as Google, Yahoo! or MSN will not have to change their current keyword selection practices. This does not mean...

On 29 January 2008, the Grand Chamber of the European Court of Justice (ECJ) issued one of the most awaited judgements in the case of Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU. Telefonica is the Spanish Internet Service Provider (ISP) who refused to disclose to Promusicae the personal data of its users who shared files...

The European Union has developed a rather comprehensive regulatory framework concerning advertising on the internet. However, these developments have had an impact primarily on the European Economic Area and the candidate countries, such as Turkey. On a global level, there is no international regulation dealing with questions as to how to advertise...

Originally dominated by North American users, the growth of the internet has spread all over the world. In November 2007 there were nearly 1.3 billion of internet users worldwide. The largest population of internet users is currently located in Asia (36,6%), followed by Europe (27,7%), North America (18,8%), Latin America (9,7%), Africa (3,5%), the...

Internet commerce continues to flourish notwithstanding the lack of predictable international legal framework. Despite the efforts of numerous international organisations, so far no international treaty dealing with the internet has come into force. It is argued that the internet community has managed to successfully function because it has develop...

The present paper 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 prove...

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 o...

The emergence of the Internet has not only enabled widespread copying of digitized music, videos and information but has also facilitated sharing of these resources. Despite the fact that international conventions grant authors and other right holders a number of exclusive rights including the right of reproduction and the right of distribution of...

Internet commerce continues to flourish despite lack of predictable international legal framework. This article proposes the concept of autonomous Internet law based on the notion of Internet lex mercatoria. Although the idea of autonomous cyberspace law is not new, so far no theory of sources was proposed. The present contribution offers such theo...

INBTB03The law has failed to keep apace with the rapid rise in e-commerce. This is particularly so when e-commerce spans national boundaries. There exists a regulatory gap that may result in unexpected outcomes for e-commerce companies involved in litigation. This paper investigates the possibility and feasibility of employing the concept of intern...

The Internet has changed the world. Its impact on the global society has been enormous, redefining almost every aspect of our life. Despite its recent bad publicity it has also added a new quality to traditional commerce that in many instances has drastically transformed the way companies and individuals trade. However, electronic commerce is not a...

The objective of this paper is to present the examples of common practices developed by Internet companies, which are so widespread in the international electronic commerce that they could serve as the basis for adjudicating disputes in the online world (e-customs). Customary norms played a very important role providing norms for solving commercial...

On 23 November 2005 the United Nations General Assembly adopted a new Convention on the Use of Electronic Communications in International Contracts. The Convention on e-contracting is the most important and long awaited development in international electronic commerce law. This paper analyses the most important provisions of this convention and its...

Internet Law and Custom discusses international regulation of the Internet from two perspectives: international conventions and customary law. The first part of the book discusses issues posed by the emergence of the Internet and analyses relevant international treaties. In particular, the first assessment of the new Convention on electronic contra...

This paper analyses the most important provisions of the Convention on the Use of Electronic Communications in International Contracts adopted last year by the United Nations General Assembly. This treaty is the first international agreement drafted specifically for international electronic commerce. Although it is not binding yet, it is important...