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Publication Details PU-27 - `Regulatory Issues for Mobile Grid Computing in Europe´

2-5 September 2007; Martin Waldburger, Burkhard Stiller Abstract: Regulatory issues for communications and value-added services determine a key requirement of study to ensure that a competitive and fair commercial usage within a legal domain can be achieved. Therefore, this paper pursues a comprehensive study identifying the key mobile grid regulations on a European level, while such grid services are considered to be of major importance for upcoming value-added services. The focus is put mainly on those regulatory determinations affecting areas neglected by the eCommunications framework, namely the areas of value-added services in mobile grids and of determinations governing relations among service providers and between service consumers and service providers. Thus, the major achievement here outlines the potential for open and unregulated mobile grid applications as well as services markets. Due to the lack of eCommunications determinations - as shown in a previous study [38]—, this new work ensures the careful consideration of fundamental consumer rights and competition efficiency for value-added services. References: [1] The Akogrimo Consortium: Access to Knowledge through the Grid in a Mobile World; European FP6-IST Project, No. FP6-2004-IST-2-004293, March 2007, http://www.mobilegrids.org. [2] The European Commission: Activities of the European Union; http://europa.eu/pol/index_en.htm, (Accessed:) July 2007. [3] The European Commission: Commission Notice Guidelines on Vertical Restraints; Official Journal of the European Communities, C291/1-C291/44, October 2000. [4] The European Commission: Commission Notice on agreements of minor importance which do not appreciably restrict competition under Article 81(1) of the Treaty establishing the European Community (de minimis); Official Journal of the European Communities, C368/13-C368/15, December 2001. [5] The European Commission: Commission Recommendation of 18 May 2005 on collective cross-border management of copyright and related rights for legitimate online music services; Official Journal of the European Communities, L276/54-L276/57, October 2005. [6] The European Commission: Communication from the Commission - Guidelines on the application of Article 81(3) of the Treaty; Official Journal of the European Communities, C101/97-C101/118, April 2004. [7] The European Commission: Information Society Policies at a Glance; March 2007, http://ec.europa.eu/information_society/policy/index_en.htm. [8] The European Commission: Sources of European Union law; October 2006, http://europa.eu/scadplus/leg/en/lvb/l14534.htm. [9] The European Commission: Summaries of legislation; (Accessed:) July 2007, http://europa.eu/scadplus/scad_en.htm. [10] The European Parliament and the Council of the European Union: Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; Official Journal of the European Communities, L281/31-L281/50, November 1995. [11] The European Parliament and the Council of the European Union: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases; Official Journal of the European Communities, L77/20-L77/28, March 1996. [12] The European Parliament and the Council of the European Union: Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts; Official Journal of the European Communities, L144/19-L144/27, June 1997. [13] The European Parliament and the Council of the European Union: Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers; Official Journal of the European Communities, L080/27- L080/31, March 1998. [14] The European Parliament and the Council of the European Union: Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 Laying Down a Procedure for the Provision of Information in the Field of Technical Standards and Regulations; Official Journal of the European Communities, L204/37-L204/48, July 1998. [15] The European Parliament and the Council of the European Union: Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 Amending Directive 98/34/EC Laying Down a Procedure for the Provision of Information in the Field of Technical Standards and Regulations; Official Journal of the European Communities, L217/18-L217/26, August 1998. [16] The European Parliament and the Council of the European Union: Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures; Official Journal of the European Communities, L13/12-L13/20, January 2000. [17] The European Parliament and the Council of the European Union: Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce); Official Journal of the European Communities, L178/1-L178/16, July 2000. [18] The European Parliament and the Council of the European Union: Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society; Official Journal of the European Communities, L167/10-L167/19, June 2001. [19] The European Parliament and the Council of the European Union: Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art; Official Journal of the European Communities, L272/32-L272/36, October 2001. [20] The European Parliament and the Council of the European Union: Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive); Official Journal of the European Communities, L108/7-L108/20, April 2002. [21] The European Parliament and the Council of the European Union: Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive); Official Journal of the European Communities, L108/21-L108/32, April 2002. [22] The European Parliament and the Council of the European Union: Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (“Framework Directive”); Official Journal of the European Communities, L108/34-L108/50, April 2002. [23] The European Parliament and the Council of the European Union: Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users\' rights relating to electronic communications networks and services (Universal Service Directive); Official Journal of the European Communities, L108/51-L108/77, April 2002. [24] The European Parliament and the Council of the European Union: Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications); Official Journal of the European Communities, L201/37-L201/47, July 2002. [25] The European Parliament and the Council of the European Union: Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-toconsumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”); Official Journal of the European Communities, L149/22-L149/39, June 2005. [26] The European Parliament and the Council of the European Union: Recommendation of the European Parliament and of the Council of 20 December 2006 on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry; Official Journal of the European Communities, L378/72-L378/77, December 2006. [27] The Council of the European Economic Community: Regulation No 19/65/EEC of 2 March of the Council on application of Article 85 (3) of the Treaty to certain categories of agreements and concerted practices; Official Journal of the European Communities, 36/533-36/535, March 1965. [28] The Council of the European Union: Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property; Official Journal of the European Communities, L346/61-L346/66, November 1992. [29] The Council of the European Union: Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts; Official Journal of the European Communities, L95/29-L95/34, April 1993. [30] The Council of the European Union: Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights; Official Journal of the European Communities, L290/9-L290/13, November 1993. [31] The Council of the European Union: Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems; Official Journal of the European Communities, L69/67-L69/71, March 2005. [32] The Council of the European Union: Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty; Official Journal of the European Communities, L1/1-L1/25, January 2003. [33] The Council of the European Union: Council Resolution of 19 December 2002 on interactive media content in Europe; Official Journal of the European Communities, C13/8-C13/9, January 2003. [34] The Member States of the European Community: Treaty Establishing the European Community; Consolidated text, Official Journal of the European Communities, C325/33-C325/184, December 2002. [35] C. Morariu, M. Waldburger, B. Stiller: An Integrated Accounting and Charging Architecture for Mobile Grids; Third International Workshop on Networks for Grid Applications (GridNets 2006), San Jose (CA), USA, pp. 1-10, October 2006. [36] M. Sonderegger: Sea Cage Gateway—Optimal Mobile Grid Support in Aquaculture; University of Zurich, IFI diploma thesis, pp. 1-150, February 2007. [37] M. Waldburger, C. Morariu, P. Racz, J. Jähnert, S. Wesner, B. Stiller: Grids in a Mobile World: Akogrimo’s Network and Business Views; Praxis der Informationsverarbeitung und Kommunikation (PIK), Vol. 30(1), pp. 32-43, January 2007. [38] M. Waldburger, B. Stiller: Regulatory Issues for Mobile Grid Computing in the European Union; 17th European Regional ITS Conference, Amsterdam, The Netherlands, pp. 1-9, August 2006. [39] M. Waldburger, B. Stiller: Toward the Mobile Grid: Service Provisioning in a Mobile Dynamic Virtual Organization; 4th ACS/IEEE International Conference on Computer Systems and Applications (AICCSA-06), pp. 579-583, Dubai/Sharjah, UAE, March 2006. Source: proceedings of 18th European Regional ITS Conference (CD) URL: full text (foreign link) full text (foreign link)

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