Martina Gillen's Outputs (7)

Exhaustion-harmonization by case law or the clarification of a long standing principle (2015)
Journal Article

The article discusses the cases related to software companies UsedSoft and PC Box, and appellant Anders Grund regarding the ability of copyright holders in constraining the use of their work in the software field. It mentioned the concern of the Cour... Read More about Exhaustion-harmonization by case law or the clarification of a long standing principle.

DRM and modchips: Time for the Court of Justice to do the "right" thing (2014)
Journal Article

This paper looks at three key cases; UsedSoft (C-458/13), PC Box (C-355/12) and Grund (C-458/13), on the topic of the extent and nature of a copyright holders abilityto constrain future uses of their copyrighted works in the field of software and cri... Read More about DRM and modchips: Time for the Court of Justice to do the "right" thing.

The software Proteus - UsedSoft changing our understanding of software as 'saleable goods' (2014)
Journal Article

One of the ongoing conundrums in the field of IT law is the nature of software. Pragmatic solutions have been adopted, and lawyers and developers alike have become comfortable that contracts and licences can be drafted and concluded in relative certa... Read More about The software Proteus - UsedSoft changing our understanding of software as 'saleable goods'.

Lawyers and cyberspace: Seeing the elephant? (2012)
Journal Article

This paper considers the problem of Internet regulation, and how it has been exacerbated by poor theoretical models for cyberspace. Furthermore, it considers how the conceptual difficulties with regard to the nature of cyberspace have been replicated... Read More about Lawyers and cyberspace: Seeing the elephant?.

Human versus inalienable rights: Is there still a future for online protest in the anonymous world? (2012)
Journal Article

The protection of legitimate political protest is one of the hallmarks of a functional liberal democracy.
Certainly, there is increasing legal debate about the parameters of what constitutes legitimate protest and the
appropriate scope of police po... Read More about Human versus inalienable rights: Is there still a future for online protest in the anonymous world?.

Bringing the globe into globalization: Models of capacity building and technology transfer (2011)
Journal Article

Legal policy on the global stage has combined with history, nature and economics to create an inherently unequal playing field for states seeking to undertake industrial development or agricultural reform at this point in time. The reasons for this a... Read More about Bringing the globe into globalization: Models of capacity building and technology transfer.

For all of our languages we are not natives here (2010)
Journal Article

This paper seeks to explore the concept of the digital divide by critiquing the notion of the digital native and its relationship to the legal conception of technology transfer and sited knowledge. It is the contention of this paper that technology t... Read More about For all of our languages we are not natives here.