Informace o publikaci
Fairness, consumer welfare and efficiency in digital copyright regulation: evidence from private ordering mechanisms under DSA
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | Digital Services Act ("DSA") and the new wave of European digital regulation fundamentally reshapes the legal framework applicable to digital intermediaries. This transformation is particularly contentious in digital copyright under the CDSM Directive, where content moderation and copyright enforcement became critical regulatory challenges. Introducing fairness as a guiding principle in the DSA redefines the obligations of digital intermediaries and their duty to safeguard users who rely on their services. However, negative effects arise from the maximisation behaviour of market actors resulting from efficiency and market asymmetries. Fairness and consumer welfare act as normative safeguards against such negative impacts. Efficiency is understood as an organising principle of the market and a mechanism for minimising transaction costs. The question then is how these economic and normative principles align, interact and recalibrate as aftereffects of DSA. The research question answered by this analysis is how private ordering changed pre- and post-DSA and to what extent these changes enhance fairness, consumer welfare, and economic efficiency in digital copyright. The analysis primarily employs content analysis tools to examine themes and structures within private ordering documents (mainly terms and conditions), assessing how they reflect the abovementioned principles at data points before and after the DSA's effect. The scope of analysis reflects larger supranational VLOPs such as YouTube and smaller European online platforms such as Czech Seznam Médium or French Dailymotion. Narrower scope of copyright moderation serves as the primary limit to the study's feasibility. This article moves beyond a compliance-centred analysis by examining how private ordering mechanisms reflect and reshape the core principles of the DSA. As such, this article offers an interdisciplinary approach reflecting Lessig's normative modalities or Samuel's legal-economic nexus to contemporary issues that could not be otherwise explored only in normative or economic science. Consequently, this study conceptualises how DSA recalibrates the balance between economic and normative standards and whether market organisation undermines its intended effects. |
| Související projekty: |