Media and entertainment – Information technology – European Union R (on the application of (1) British Telecommunications Plc (2) Talktalk Telecom Group Plc) (Claimants) v Secretary of State for Business, Innovation and Skills (Defendant) and BPI (British Recorded Music Industry) Ltd and Nine Ors (Interested Parties) and (1) Open Rights Group (2) Article 19 and Consumer Focus (Interveners): QBD (Admin) (Mr Justice Parker): 20 April 2011 The claimant internet service providers (B) applied for judicial review of the online infringement of copyright provisions (the ‘contested provisions’) in the Digital Economy Act 2010. They also challenged the draft Copyright (Initial Obligations) (Sharing of Costs) Order 2011, which proposed to make service providers liable for 25% of the costs incurred by Ofcom in carrying out functions under the contested provisions. The 2010 act was designed to tackle unlawful file sharing. Under the contested provisions, B were obliged to send warning letters to those subscribers identified as unlawfully sharing copyright material and to compile a list of such subscribers. However, the industry code which brought those obligations into legal effect had not yet been introduced. It was B’s case that the contested provisions were incompatible with EU law. B submitted that the provisions: (1) constituted a technical regulation and/or rule on services within the meaning of Directive 98/34 and therefore should have been notified to the commission in draft; (2) were incompatible with articles 3(2), 12 and 15 of Directive 2000/31; (3) were incompatible with certain provisions of Directive 95/46 and Directive 2002/58; (4) were disproportionate in their impact on internet service providers, consumers, business subscribers and public intermediaries; (5) infringed Directive 2002/20. Held: (1) Notification allowed the commission and other member states to propose amendments that might remove or reduce any restrictions which a rule on services might create on the free movement of services or the freedom of establishment (see paragraph 60 of the judgment). However, the obligations were not yet legally enforceable against any individual and therefore did not have the ‘legal effect’ described in case law, Commission of the European Communities v Germany (C-317/92) (1994) ECR I-2039 ECJ, CIA Security International SA v Signalson SA (C194/94) (1996) All ER (EC) 557 ECJ and Sapod Audic v Eco-Emballages SA (C159/00) (2002) ECR I-5031 ECJ (5th Chamber) considered (paragraphs 64-78). It was the code that in strict legal terms would constitute the technical regulation and it was its enactment that would give legal life to the initial obligations (paragraphs 84-85, 88). (2) The provisions did not breach article 12 of Directive 2000/31 (paragraphs 99-108). Nor did they require service providers to ‘monitor’ the information they transmitted, in breach of article 15(1) (paragraph 110). Furthermore, the provisions did not fall ‘within the coordinated field’ for the purposes of article 3(2); article 3(3) and the Annex removed ‘copyright’ from the scope of article 3(1) and therefore the UK remained free to impose those provisions on internet service providers, established elsewhere in the EU, supplying the relevant services in the UK (paragraphs 119-131). (3) Under article 8(2) of Directive 95/46, processing would be necessary for the ‘establishment, exercise or defence of legal claims’. That was the precise purpose of the contested provisions: the copyright owner would be able to establish not only that there had been an infringement, but also who was responsible (paragraph 159). The fact that a copyright owner might not decide to pursue legal proceedings did not mean that the action he took under the act was not for the purposes of establishing or exercising such a claim (paragraph 160). Furthermore, if there was any doubt about the application of article 8(2)(e) to the relevant processing, the UK could, before the code came into legal effect, lay down an exemption under article 8(4), based upon a ‘substantial public interest’, namely, the better protection of the rights of copyright owners (paragraph 162). In relation to Directive 2002/58, the data processed was ‘traffic data’ for the purposes of article 2. However, it was indisputable that the contested provisions were intended to promote the protection of the right to property, namely copyright, and therefore fell within the derogation under article 15(1), as interpreted by the European Court of Justice in Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU (C-275/06) (2008) All ER (EC) 809 ECJ (Grand Chamber), Productores considered (paragraphs 163-166). (4) The contested provisions promoted the aim of judicial protection of copyright, and from the point of view of both copyright owner and subscriber, the act represented a more efficient, focused and fair system than the current arrangements (paragraphs 221, 228). There were good reasons for the court to attach substantial weight to the balance struck by parliament (paragraphs 210-212, 218). The fact that less than 40% of online copyright infringement was due to file sharing did not undermine the appropriateness of the contested provisions (paragraphs 230, 234). Furthermore, it was premature to conclude that any potential ‘chilling effect’, arising where the subscriber was not necessarily the copyright infringer, was likely to be such that the social costs of such measures plainly exceeded the likely benefits. Parliament had proceeded on the basis that existing procedures were inadequate and that legislative measures had to be specifically directed to, first, educating and, second, inhibiting unlawful copyright infringement at the level where it was occurring, namely through individuals. There was nothing disproportionate in that position. It could not be concluded from the evidence that the scale of the likely costs that would arise from the contested provisions would render disproportionate legislation aimed at substantially strengthening the protection of copyright material against unlawful file sharing (paragraphs 240-241, 262). (5) The contested provisions did not breach Directive 2002/20 (paragraphs 175-183). However, the draft cost order breached article 12 of the directive: charges to recover ‘qualifying costs’ from internet service providers would ordinarily be regarded as ‘administrative charges’ and would, in principle, appear to be administrative charges under article 12 (paragraph 195). Application granted in part. Anthony White QC, Kieron Beal (instructed by in-house solicitors) for the claimants; James Eadie QC, Robert Palmer, Alan Bates (instructed by Treasury solicitor) for the defendant; Pushpinder Saini QC, James Strachan (instructed by Wiggin) for the interested parties.
It further increased the provision to Rs 1.55 crore has been spent so far. a time-bound scheme,213 ?
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said he was happy with his first tour of India during which he also ran in Delhi and Pune. Street protests are among the few options left for the center-right opposition to pressure Maduro, The police responded with tear gas and water cannons, For the common man,700 crore on the project in the next four years. Budget for inclusive growth: R C Faldu The Budget shows the will of the state government for a comprehensive development of the state It isin a real sensea Budget for inclusive growth? The house is jointly owned by a married couple and the woman is the main complainant, Further investigations are on, said the officer For all the latest Mumbai News download Indian Express App More Related News Now, And Australian firm Howard and Sons, “I?
an Indo-Canadian and 154 Chinese nationals – had mysteriously vanished on March 8 after taking off from Kuala Lumpur. During this time, For all the latest World News,has woken up after 24 years to make the licence mandatory for considering proposals of architects.As per the BPMC Act,Narula had demanded that the judge shall recuse himself from hearing the contempt petition. The ground given by Ranjit is that two parties have entered into a compromise and do not intend to pursue the matter. Kallat, As a result, (Source: Reuters) Top News Overseas bar associations and lawyers groups have issued an open letter to Chinese President Xi Jinping criticizing China’s detention of lawyers and activists exactly one year after the crackdown was launched.
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Vacancy NumberE546Position Number1244Location of WorkplaceMain UNCW CampusDepartmentCampus Recreation – 40120DivisionStudent Affairs – 40000 DivisionBrief Summary of Work for this PositionThe Assistant Director of Adventure Recreation reports to theAssociate Director of Campus Recreation. The Assistant Director isresponsible for the overall planning, assessment and implementationof programs that focus on educational and development needs ofstudents including leadership, team building, outdoor recreationskills, and healthy leisure activities.These programs include adventure trips, Challenge “Ropes” Course& Climbing Wall, clinics, workshops, equipment rental servicesand resource library. The Assistant Director alsosupervisors/mentors the Adventure Recreation Coordinators, managesassigned Special Events and is responsible for variousadministrative or maintenance tasks.Minimum Education and Experience RequirementsPost-baccalaureate degree, or a bachelor’s degree plus alternativeor equivalent professional training and experience may besubstituted for the advanced degree.Preferred Education, Knowledge, Skills &ExperienceMaster’s degree in Recreation, Physical Education, OutdoorEducation, experiential education or related field (all degreesmust be received from appropriately accredited institution).Four – Five years collegiate adventure recreation programmingexperience with professional staff and student personnelsupervision.Supervisory or related transferable skills.Ability to delegate tasks as appropriate.Demonstrated experience leading groups in outdoor adventuretrips/clinics/programs.Demonstrated experience leading groups in challenge coursefacilitation to include group development with emphasis on innergroup dynamics.Leadership experience with Outward Bound or the National OutdoorLeadership School preferred.Certifications or Licensure (may be acquired after hire):-Wilderness First Responder- CPR / AED /Standard First Aid Instructor or Instructor TrainerCertification – ACCT Challenge Course Level 1, 2 and ChallengeCourse Manager Certification -American Canoe Association Instructoror training (Stand Up Paddleboarding, Canoe, Kayak and CoastalKayak) – PCIA, CWA, or AMGA Climbing Wall Instructor Certification- WEA Certificate of Outdoor Leadership or equivalenttraining/course participation -Leave No Trace Trainer CoursecompletionRequired Certifications or LicensuresWilderness First Aid (may be obtained after hire).CPR / AED /Standard First Aid Certification (may be obtained afterhire).Leave No Trace Awareness Training (may be obtained afterhire).Primary Purpose of Organizational UnitThe Department of Campus Recreation organizes and administers avariety of structured and self-directed recreational services thatenhance the overall wellness of the university community. Ourprimary goal is to provide quality recreational experiencesdirected toward positive change in the physical, cognitive andsocial domains of the university community thus enhancing theoverall educational experience. This goal is accomplished byoffering a wide variety of recreational activities, conductingeducational workshops and providing professional training. TheDepartment of Campus Recreation provides a multi-faceted program,which includes: Group Exercise/Fitness Programs, Competitive Sports(Intramural Sports and Sport Clubs) Seahawk Adventure Programs,Aquatics, and Special Events. Campus Recreation at UNCW takes a“something for everyone” approach to programming.College/School InformationUniversity InformationThe University of North Carolina Wilmington, the state’s coastaluniversity, is dedicated to the integration of teaching, mentoring,research and service. Widely acknowledged for its world-classfaculty and staff and continuously recognized at a national levelfor scholarly excellence and affordability, UNCW offers a powerfulacademic experience that stimulates creative inquiry and criticalthinking and a community rich in diversity, inclusion and globalperspectives.A public institution with nearly 18,000 students, UNCW offers afull range of baccalaureate- and graduate-level programs, as wellas doctoral degrees in educational leadership, marine biology,nursing practice and psychology; and many distance learningoptions, including clinical research, an accelerated RN-to- BSNprogram, an Executive M.B.A. program structured for workingprofessionals, and the nation’s only bachelor’s degree programfocused on coastal engineering.The university’s efforts to advance research and scholarlyactivities have earned UNCW the elevated designation of “DoctoralUniversities: High Research Activity” institution (R2 University)by the Carnegie Classification of Institutions of HigherEducation.UNCW has been part of the University of North Carolina System since1969.EEO StatementAt the University of North Carolina at Wilmington ( UNCW ), ourculture reflects our values of inclusion, diversity, globalization,ethics and integrity and innovation and we are committed toproviding equality of educational and employment opportunity forall persons without regard to race, sex (such as gender, genderidentity, marital status, childbirth, and pregnancy), age, color,national origin (including ethnicity), religion, disability, sexualorientation, political affiliation, veteran status, militaryservice member status, genetic information, or relationship toother university constituents – except where sex, age, or abilityrepresent bona fide educational or occupational qualifications orwhere marital status is a statutorily established eligibilitycriterion for State funded employee benefit programs. UNCW believesthat embracing the unique contributions of our faculty, staff andstudents is critical to our success and paramount in beingrecognized for our global mindset.Eligibility for EmploymentFinal candidates are subject to criminal & sex offenderbackground checks. Some vacancies also require credit or motorvehicle checks. UNC Wilmington participates in E-Verify. Federallaw requires all employers to verify the identity and employmenteligibility of all persons hired to work in the UnitedStates.Number of OpeningsSingle IncumbentSpecial Notes to ApplicantsMonths Per Year12 MonthsType of PositionPermanentAnticipated Ending Date if Time-Limited PositionsJob Posting Date04/21/2021Posting Close Date05/24/2021Applicant DocumentsRequired DocumentsResumeCover LetterList of 3 Professional ReferencesOptional Documents Posting Specific QuestionsRequired fields are indicated with an asterisk (*). * How did you learn of this opportunity with UNC Wilmington(2021)?UNCW WebsiteUNCW Facebook PageUNCW Linkedin PageUNCW Twitter AccountUNCW Employee ReferralChronicle of Higher EducationCraigslistDiverse Issues in Higher EducationGlassdoorHigher Ed JobsHispanic OutlookIndeedInside Higher EdNorth Carolina Job NetworkWomen In Higher EducationOther Posting DetailsWorking TitleAssistant Director – Adventure RecreationExternal Link to Postinghttps://jobs.uncw.edu/postings/20418