This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure.
In this context law is a seminal factor that both shapes and is shaped by socio-economic andtechnological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy.
Chapter ’Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation’ of this book is available open access under a CC BY 4.0 license at link.springer.com.
สารบัญ
Smart Urban Mobility as a Regulatory Challenge.- Part I: Public Perspective.- Governing a Risky Relationship Between Sustainability and Smart Mobility.- Environmental Implications of the EU’s Urban Mobility Agenda.- Smart Mobility, Transport Poverty and the Legal Framework of Inclusive Mobility.- Local Leadership and Its Limits in the Deployment of Sustainable Mobility Policies.- Some Public Procurement Challenges in Supporting and Delivering Smart Urban Mobility: Procurement Data, Discretion and Expertise.- Governing Smart Spaces Through Autonomous Vehicles.- Part II: Business Perspective.- mart Urban Mobility: A Positive or Negative IP Space? A Case Study to Test the Role of IP in Fostering Digital Data-Driven Innovation.- Sharing or Platform Urban Mobility? Propertization from Mass to Maa S.- Collaborative Platforms and Data Pools for Smart Urban Societies and Mobility as a Service (Maa S) from a Competition Law Perspective.- Smart Mobility and Technological Compatibility from an Antitrust Perspective.- Efficient Mobility: Lessons on Dynamic Pricing and Sustainable Passenger Service.- Part III: Citizens’ Perspective.- Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation.- Yes Means No(thing): Bridging Consent in Contract Law and Data Protection in the Context of Smart Mobility.- Private Ordering of Online Platforms in Smart Urban Mobility: The Case of Uber’s Rating System.- Challenges to Locational Privacy: The Transformation of Urban Mobility.
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Dr. Michèle Finck, LL.M. is a (tenured) Senior Research Fellow at the Max Planck Institute for Innovation and Competition. She previously worked at the London School of Economics and the University of Oxford. Michèle holds a doctorate in EU law from the University of Oxford, an LL.M. degree from the European University Institute and a dual degree in French and English Law (King’s College London / Paris 1 Panthéon Sorbonne). She was a visiting researcher at New York University from 2013 — 2014. Michèle’s research agenda engages with various aspects of the data economy. She is an editor of the Cambridge Handbook on the Law and Regulation of the Sharing Economy (together with Nestor Davidson and John Infranca) and the author of ‘Subnational Authorities in EU Law’ (OUP 2017) as well as ‘Blockchain Regulation and Governance’ (Cambridge University Press 2019).
Dr. Matthias Lamping Born grew up in Spain and studied law in Salzburg, Austria. After concluding his doctoral studies on the interface of intellectual property and competition law, he joined the Max Planck Institute for Innovation and Competition in Munich as a senior research fellow. Matthias maintains an international network and pursues an interdisciplinary focus in his work. He is active as a visiting lecturer at the Ludwig Maximilians University of Munich, the Europa-Kolleg Hamburg and the Tongji University in Shanghai, and serves as an associate editor of Delphi, an interdisciplinary journal on emerging technologies. His research examines the interaction of intellectual property protection and innovation processes, including the legal and regulatory framework of research and development. The focus of his work is on new technologies and business models, specifically in the areas of life sciences and the data economy. His experience in interdisciplinary research extends, in particular, to economics and sociology. He is a member of the Institute’s Committee and is responsible for the Institute’s lecture series on patent law.
Dr. Valentina Moscon is a Senior Research Fellow at the Max Planck Institute for Innovation and Competition. Her fields of interest are Copyright Law and Copyright-related Rights (European, International and National); Information Regulation; Open Access and University Technology Transfer; Intellectual Property and Competition Law (in particular with regard to Technology- and Content-driven Markets); Law & Economics; Civil Law (in particular, Contract Law and Tort Law);Comparative Law.
Heiko Richter, Dipl.-Kfm., LL.M. (Columbia) is a Doctoral Student and Junior Research Fellow at the Max Planck Institute for Innovation and Competition. His fields of interest are Competition Law; Copyright Law; Information Regulation (Access and Re-use); Law & Economics.
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