Editorial

Author:Thomas Dreier
Pages:209-210
 
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Thomas Dreier
2018
209
3
Editorial
by Thomas Dreier
© 2018 Thomas Dreier
Everybody may disseminate this ar ticle by electronic m eans and make it available for downloa d under the terms and
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Recommended citation: Th omas Dreier, Editorial, 9 (2018) JIPITEC 209 pa ra 1.
1
In view of the ever-faster advancement of digital
technologies, the law of intellectual property (IP)
and of information technology (IT) is increasingly
expanding. As a result, a journal such as JIPITEC,
the Journal of Intellectual Property, Information
Technology and E-Commerce Law, has to deal
with an increasingly diverse range of topics. This
is particularly reected in the present issue, which
rather than focusing on a particular area of law
covers a wide range of legal regulations, from
traditional IP law and the law of international
treaties via traditional liability, and insurance law
to data protection laws and the regulation providing
for IT-security. This plethora of different issues is
triggered, amongst others, by the paradigm shift
from trading in physical objects to immaterial
services, and the shift from industrial manufacturing
to home production of physical objects with the
help of 3D-printing, as well as by the propagation of
autonomously driving vehicles.
2
This variety of topics creates a dilemma for the editor
who – besides guaranteeing that the Journal’s high
quality standard is met – has to pick and choose which
of the manuscripts submitted he or she considers
worthy of publication. Some of the journal’s readers
might wish to see the focus of the article in one
particular area, whereas some readers might wish
to see another area highlighted. Moreover, readers
who are already familiar with a particular topic
or are even experts in their particular eld might
be looking for additional in-depth information,
while those less specialized might rather wish to
be confronted with an overview which just outlines
the main issues of a particular area. In this respect,
the present issue attempts a balancing act between
a variety of topics of different legal elds, while at
the same time integrating in-depth analyses with
other articles that just provide a quick overview, or
which only concentrate on a particular issue within
a wider area.
3 Hence, the lead article by Caterina Sganga, Associate
Professor of Comparative Private Law, DIRPOLIS
Institute, Sant’Anna School of Advanced Studies
in Pisa (Italy), provides a very thorough in-depth
analysis of the case law handed by the CJEU on the
issue of digital exhaustion. In view of the CJEU’s
argumentation in the famous UsedSoft-case and
following the Ranks-case it is still unclear to what
extent the CJEU considers UsedSoft is limited to
the Computer Program Directive, or whether the
CJEU will also arrive at the same result with regard
to works protected under the InfoSoc-Directive.
Sganga develops several arguments which might
serve as a basis for the CJEU’s decision in the pending
Tom Kabinet-case, and she makes a convincing
argument in favor of “tertium genus” in between
the distribution of physical copies on the one hand,
and the provision of immaterial services on the
other. This model would allow the application of
the doctrine of exhaustion also to the distribution/
communication of some content, which is protected
by the InfoSoc-Directive and which is communicated
online.
4 In a similar way, the following article by Christophe
Geiger, Giancarlo Frosio and Oleksandr Bulayenko
respectively, Director General and Director of
the Research Department, Senior Researcher and
Lecturer as well as Researcher and PhD Candidate
of the Centre for International Intellectual Property
Studies (CEIPI) in Strasbourg, France – seek to give
advice to the European legislature as regards the

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