Sebastian Felix Schwemer

University of Copenhagen · Centre for Information and Innovation Law

This article tracks the different proposals of automated content-takedown measures in the European Union. Then it briefly identifies some common issues in the context of the European safe harbor regime and the existing notice-and-takedown system. It argues that the policy trend towards algorithmic content regulation is problematic: firstly, there i...

Cambridge Core - Competition Law - Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer

The link of lawful domain names to unlawful content is a phenomenon that has not been very topical until recently. Traditionally, domain registries have been off the radar of content-related debates. Enforcement efforts, public discourse and academic research have focused on other intermediaries such as Internet access service providers, hosting pl...

Online content is increasingly enforced by private parties based on private regulation. One recent trend in the takedown of unlawful online content is the emergence of models, where trusted third parties – private or public – are given privileged notification channels for flagging infringing content. Despite increasing practical importance, these...

On 15 December 2020, the European Commission published its proposal for a Regulation on a Single Market for Digital Services (Digital Services Act). It carries out a regulatory overhaul of the 21-year-old horizontal rules on intermediary liability in the Directive and introduces new due diligence obligations for intermediary services. Our analysis...

In certain instances, algorithmic content moderation by online platforms is a process with binary outcomes: those that are “right” and those that are “wrong”. And, in a copyright content moderation context, this binary nature, in principle, holds true: the ultimate question is simply, “Is this content illegal?” However, some content moderation deci...

This Opinion describes and summarises the results of the interdisciplinary research carried out by the authors during the course of a three-year project on intermediaries’ practices regarding copyright content moderation. This research includes the mapping of the EU legal framework and intermediaries’ practices regarding copyright content moderatio...

This paper examines the implications of Article 22 of the General Data Protection Regulation (GDPR) for legal tech tools that involve semi-automated decision-making. The authors focus on the interpretation of the term 'decision' within the provision and argue that it should be construed broadly to include recommendations or other measures leading t...

This article is based on the final negotiated text of the Digital Services Act (DSA) and serves as a starting point for the in-depth analysis of the DSA's comprehensive framework regarding liability exemptions, due diligence obligations and its enforcement system. It briefly presents the background and legislative history of the DSA, the DSA's leg...

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. It explores the possible links between conditional data access regimes and content moderation performed through data-intensive technologies such as fingerprinting and, within the realm of artificial intelligence (AI), machin...

We present a benchmark suite of four datasets for evaluating the fairness of pre-trained language models and the techniques used to fine-tune them for downstream tasks. Our benchmarks cover four jurisdictions (European Council, USA, Switzerland, and China), five languages (English, German, French, Italian and Chinese) and fairness across five attri...

On 15 December 2020, the European Commission published its proposal for the Digital Services Act, which is expected to be adopted before summer 2022. It carries out a regulatory overhaul of the twenty-one-year-old horizontal rules on intermediary liability in the e-Commerce Directive and introduces new due diligence obligations for intermediary ser...

In this paper we examine how human-machine interaction in the legal sector is suggested to be regulated in the EU’s recently proposed Artificial Intelligence Act. First, we provide a brief background and overview of the proposal. Then we turn towards the assessment of high-risk AI systems for the legal tasks as well as the obligations for such AI s...

On 15 December 2020, the European Commission published its proposal for the Digital Services Act, which is expected to be adopted before summer 2022. It carries out a regulatory overhaul of the 21-year-old horizontal rules on intermediary liability in the e-Commerce Directive and introduces new due diligence obligations for intermediary services.Ou...

In this paper we examine how human-machine interaction in the legal sector is suggested to be regulated in the EU's recently proposed Artificial Intelligence Act. First, we provide a brief background and overview of the proposal. Then we turn towards the assessment of high-risk AI systems for the legal tasks as well as the obligations for such AI s...

The European Union is currently discussing a reform of its intermediary liability rules with its recently proposedDigital Services Act. The existing rules in the e-Commerce Directive (Directive 2000/31/EC) offer a safe harbourfrom liability for certain intermediary functions that are central to the functioning of the internet. A safe harbour for in...

It might seem surprising that one of the most essential functions on the internet, linking –or “what webs the Web” – is still topical twenty years after the adoption of the InfoSoc Directive. Yet, on 9 March 2021 the Grand Chamber of the Court of Justice of the European Union (CJEU), comprising 15 judges, handed its 56-paragraph long judgment in th...

In the European Strategy for Data, the European Commission highlighted the EU’s ambition “to acquire a leading role in the data economy.” 1 At the same time, the Commission conceded that the EU would have to “increase its pools of quality data available for use and re-use.” 2 In the creative industries, 3 this need for enhanced data quality and int...

In the European Strategy for Data, the European Commission highlighted the EU’s ambition to acquire a leading role in the data economy. At the same time, the Commission conceded that the EU would have to increase its pools of quality data available for use and re-use. In the creative industries, this need for enhanced data quality and interoperabil...

Over recent years, the EU has increasingly looked at the regulation of various forms of automation and the use of algorithms. For recommender systems specifically, two recent legislative proposals by the European Commission, the Digital Services Act from December 2020 and the Artificial Intelligence Act from April 2021, are of interest. This articl...

This study offers a legal analysis of the “intermediary service providers of non-hosting nature”. It analyses the technological and legal evolution around non-hosting intermediary services and the way the existing legal framework for such services could be upgraded in the forthcoming Digital Services Act. The liability privilege is one of the most...

In the moderation and enforcement of copyright content, online platforms as well as internet access service providers play a prominent role. This contribution looks at less prominently addressed “layers” of the internet, namely in relation to the addressing system in form of domain name system (DNS). It first looks at the functioning of the DNS and...

The Directive on copyright in the Digital Single Market with its 86 recitals and 32 articles constitutes a major regulatory overhaul of European copyright legislation in light of the “[r]apid technological developments continue to transform the way works and other subject matter are created, produced, distributed and exploited.” It addresses a broa...

This paper studies the role of domain registries in relation to unlawful or unwanted use of a domain name or the underlying website content. It is an empirical and conceptual contribution to the online content regulation debate, with specific focus on European country code top-level (ccTLD) domain name registries. An analysis of the terms of servic...

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made 'best efforts...

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Licensing and Access to Content in the European Union - by Sebastian Felix Schwemer May 2019

Online content is increasingly enforced by private parties based on private regulation. One recent trend in the takedown of unlawful online content is the emergence of models, where trusted third parties –private or public– are given privileged notification channels for flagging infringing content. Despite increasing practical importance, these arr...

The link of lawful domain names to unlawful content is a phenomenon that has not been very topical until recently. Traditionally, domain registries have been off the radar of content-related debates. Enforcement efforts, public discourse and academic research have focused on other intermediaries such as Internet access service providers, hosting pl...

This article examines some of the copyright-related questions that arise in the context of cross-border access to the Norwegian series SKAM. The programme has turned into a cultural phenomenon throughout the Nordics and rightholders’ geo-blocking of consumers from other countries led to much awareness of cross-border access in January 2017, not lea...

Artiklen er baseret på et oplæg holdt den 8.maj 2015 på det XV Nordiske Ophavsretssymposium, Reykjavik, Island. I 2014 har EU-lovgiveren delvis reguleret kollektiv forvaltning ved direktivet om kollektiv forvaltning af ophavsret og beslægtede rettigheder samt multiterritoriale licenser for rettigheder til musikværker med henblik på onlineanvendels...

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