Smart Contracts and Property Law Issues

Sjef van Erp discusses data property law, including the definition of smart contracts and blockchains, and the question of what can be the object of property law and whether we can own "data".

Sjef van Erp

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Question 1 of 3

**Question 1: In its Judgement Persidera SpAC 112/16, the CJEU stated the following:**

principles of non-discrimination and proportionality do not preclude giving advantage to certain operators if not necessary.

principles of non-discrimination and proportionality preclude giving advantage to certain operators if not necessary.

principles of non-discrimination and proportionality preclude giving advantage to all operators if not necessary.

Question 2 of 3

**Question 2: According to its Judgement in Stiching Brein Ziggo BV C 610/15, the Court of Justice stated that:**

Can be a communication to the public.

Cannot be a communication to the pubic.

Can never be a communication to the pubic.

Question 3 of 3

**Question 3: In its decision Fouad Belkacem ./. Belgium, (appl. no 34367/14) concerning religious extremism on the Internet (YouTube videos), the ECHR ruled that:**

defending “Sharia law” while calling for violence could not be regarded as “hate speech” and in accordance with Article 17 (prohibition of abuse of rights) of the European Convention on Human Rights , the discourse at issue fall under the protection of Article 10 of the ECHR, which guarantees the right to freedom of expression.

defending “Sharia law” while calling for violence, could be regarded as “hate speech” and in accordance with Article 17 (prohibition of abuse of rights) of the European Convention on Human Rights (“ECHR”), the discourse at issue did not fall under the protection of Article 10 of the ECHR, which guarantees the right to freedom of expression.

defending “Sharia law” while calling for violence, could be regarded as “hate speech” and in accordance with Article 18 (prohibition of abuse of rights) of the EU Charter of Fundamental Rights, the discourse at issue fall under the protection of Article 10, which guarantees the right to freedom of expression.

Smart Contracts and Property Law Issues

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