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Preface

Right now spring has just arrived, though it is still freezing cold. At the moment you read this summer is almost there, and hopefully the weather is nice. Dutch people like talking about the weather, because it changes so often, though we do not have the four seasons in a day as they say in Edinburgh.

Computers are quite good in forecasting the weather, but not perfect. Computers do a lot of things quite well, in particular the computer linked to a network has become the great communicator in all respects. Of course, the input comes from humans. In a way computers are perfect, they do exactly as been told. The problem is that they have become too complicated for the humans to instruct them, reason why it seems as if the computer is making mistakes. It used to be so easy in the early days, when our field was simply called Computer Law. Today we refer to it as IT law or Cyber law. Did you know that the Wikipedia has an entry for Cyber Law, indicates it lacks one for Computer Law, and does not even mention IT law? Should we change our name to the IFCyberLA, add Computer Law to Wikipedia, or simply do not care?

Whatever it is, this collection of papers starts with an interesting historic overview of the IFCLA by you might call him mr. IFCLA, Dinant Oosterbaan. The other ten papers are all presented during the IFCLA conference, and the order of appearance reflects the conference schedule. Only three papers of the first day are included (out of 10), and not less than seven of the second day (also out of ten). Saved the best for last? We will be able to tell Friday June 2, at the end of the day.

From the Privacy session we have two papers, one by Alfred Büllesbach on Binding Corporate Rules, and the other by Marly Didizian on the Sarbanes Oxley Act. The former discusses how international companies could best deal with privacy policies, obeying all applicable national regimes. The latter discusses some striking consequences of the SOX, in particular in the light of comments by the Article 29 Working Party.

New Technologies will amaze you during the conference, but regrettably we have no papers on this topic included.

Mads Bryde Andersen is in the ADR session, and discusses how High Technology Disputes could best be resolved. He provides useful information for a decision to litigate, arbitrate, or mediate.

The Outsourcing appears to be sourced out of this book as well, but no doubt the conference presentations are very well worth attending.

The second day opens with Public Procurement. Roger Bickerstaff provides a thorough examination of the new regulatory framework introduced by the Directives 2004/17/EC and 2004/18/EC and relates them to e-communication mechanisms. Steven De Schrijver & Johan Van Acker single out two new models of Public Procurement: E-Auction and Competitive  Dialogue.

We have included two papers from The New Business Models in Licensing. John P. Beardwood & Andrew C. Alleyne discuss OSS. Those who are familiar already with Open Source Software and classic software (non-OSS), this paper also discusses the phenomenon “Hybrid OSS”. Rupert Vogel dives into particularities of the EU Copyright Directive, and tells us the worrying but greatly phrased “Not only does the Directive confuse non-Europeans and people outside the legal profession, its scope may also be a headache to a European law professional.”

The last session is on Internet related issues. First, Michael D. Scott gives a valuable overview under the general heading Web 2.0 and also describes various developments such as Application Service Providers and Browse Wrap Agreements. An issue the Member States in the European Union are struggling with is how to fit online gambling into the national gambling policy. Thibault Verbiest & Evelyn Heffermehl provide an up-to-date and systematic overview. Finally, Thomas Hoeren addresses the question how to balance rights in information against freedom of information in an almost philosphical way. Probably the best topic to end the conference with as well as this book.

We hope and expect you will all appreciate this in our view great collection of papers. Enjoy!

Amsterdam, March 22, 2006

Arno R. Lodder

Alfred Meijboom

Dinant T.L. Oosterbaan