Author:Karin Sein
Position:University of Tartu
by Karin Sein
© 2020 Karin Sein
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Recommended citation: Kar in Sein, Editorial, 11 (2020) JIPITEC 100 para 1.
1 The editorial of our last issue started with admiring
how fast and effectively the world shifted many
activities to the digital realm during the COVID-19
crisis. Indeed, within a few weeks we all became
experts of Zoom, Teams and BigBlueButton, hosted
and attended webinars, and tested the options
of various e-learning tools. While this certainly
has been a tremendous leap forward, now, as this
extraordinary summer semester has come to an end,
maybe the time has arrived to assess the boundaries
of going digital.
2 What I personally have been missing a lot, are these
magical moments during the lecture when someone
asks you a question and you must admit that you have
never really thought about it from this perspective.
Or, when students start debating a topic amongst
each other so that you can happily just step aside
feeling content that they are intrigued by the subject
that you just introduced. These situations have not
(yet) happened to me in online lectures. Surely, we
have also become aware of how different we are
concerning learning and teaching preferences – as
some of us enjoy digital learning so much more than
And as the holiday season started, it has become
obvious that it’s not really possible to have an
e-vacation: hiking in virtual mountains does not
make you sweat and when swimming in the digital
sea you do not feel the waves. And while of course
we can send each other the 101
perfect sunset photo
from the beach, we still cannot share the taste of wild
strawberries or Aperol Spritz online.
4 But coming back to the possibilities of digital world
and legal matters, our summer issue offers a lot of
new insights regarding digital copyright and data
privacy questions. Liliia Oprysk explores the broader
implications of the CJEU’s Tom Kabinet decision on
secondary communication and advocates a casuistic
approach which considers the initial authorisation
of communication, remuneration obtained by the
right holder, and the potential interference with
a work’s exploitation. Pinar Oruç analyses the
copyright implications of the method, purposes
and the level of collaboration in 3D digitisation of
cultural heritage and argues that it is possible, and
in some instances even very likely, that 3D projects
lead to protectable outcomes under the EU copyright
law. Andreas Rahmatian discusses the concept of
dematerialised property and its application to debts,
money and intellectual property. And a group of
leading European copyright scholars, the European
Copyright Society, have created an impressive set
of comments on the implementation of different
articles of the new DSM directive - surely extremely
valuable guidelines for national legislators.
From the data protection side, Bart van der Sloot
observes that the European Court of Human
Rights has recently undergone a revolutionary
transformation and now formally assesses the
quality of Member States’ laws and even advises
the national legislators on how to make their legal
systems Convention-compliant. He puts forward
an intriguing argument that the European Court
of Human Rights has thereby gradually turned into
a European Constitutional Court for privacy cases.
Maurice Schellekens, in turn, asks who is or who are
the data controller(s) in a permissionless blockchain
context and argues that there are good reasons to
consider the administrators of nodes together with
the core developers as joint controllers. However,
he also admits that there is currently not enough
coordination within the blockchain that is necessary
for adequate data protection. Finally, the “Consumer
Law Days 2019” conference report provides an
elaborate overview on the discussions on designing
the regulatory framework for data access in the
digital economy with an emphasis on consumer
interests and public welfare.
Have a nice summer and we hope you enjoy reading
this issue!
Karin Sein, University of Tartu

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