The Digital Markets Act (DMA) is a significant regulatory effort of the European Union aimed at curbing the power of large tech companies and promoting fair competition in digital space. Despite its noble goals, there are growing worries about the negative impact it could have on innovation and entrepreneurship. This paper aims to determine the specifics of how the DMA could inadvertently impede innovation and discourage entrepreneurship. Through an analysis of the DMA’s provisions, such as interoperability mandates and restrictions on self-preferencing, it is apparent that these stringent regulations could create significant barriers to entry for startups and discourage investment in emerging digital ventures. Additionally, the increased regulatory oversight mandated by the DMA could suppress willingness to take the risks necessary for entrepreneurial achievement, ultimately hindering the development of revolutionary advances. By thoroughly analyzing economic principles, real-world data, and relevant examples, this study clarifies the intricate relationship between regulation, innovation, and business in the digital realm. Furthermore, it suggests different regulatory strategies that aim to find a finer equilibrium between encouraging competition and fostering innovation, while highlighting the importance of customized structures that recognize the unique characteristics of digital markets. By shedding light on the possible compromises involved in the DMA, this research can be beneficial to policymakers and interested parties in order to facilitate scientific debates and regulatory choices regarding digital markets.

When purchasing a game, users assume that they will have ongoing unlimited access to the product—a notion that does not always correspond to reality. The nature of the relationship between publishers, developers and users as expressed in opaque licensing documentation often leaves the latter uncertain about their rights and does not guarantee them stable access to the game, which can be revoked at any time. This imbalance gives grounds to view the current regulatory framework as not entirely fair. The present study is based on statutory acts and user agreements that govern the relationship between publishers and users in cases of shutdown of gaming projects. Particular attention is paid to the analysis of the European citizens’ initiative “Stop destroying videogames,” which calls for ensuring the functionality of games even after developer support has ceased. The aim of the study is to identify concrete methods for resolving the conflict of interests between publishers, developers, and users in the event of a game closure. Through an analysis of the aforementioned initiative, an evaluation of its merits and shortcomings, and a systematic comparison with statutory acts in the fields of copyright and consumer protection, it has been determined that, despite its limited restriction of the freedom of contract and the intellectual property rights of developers and publishers, the initiative contributes to achieving an effective balance of the rights and interests of all parties. Based on the study’s findings, the author concludes that it is fair to impose a number of obligations on publishers and developers. These obligations include, for example, the removal of technical measures for copyright protection, which are implemented via connections to the developer’s servers, the permission for private server hosting, and the alteration of the game distribution model, as well as compensating users for part of their expenses in the event of the closure of games in early access.

In the context of the rapid development of digital technologies, the legal regulation of Big Data and concomitant recognition as an object of civil circulation acquires both a theoretical and a practical relevance. The particular significance accorded to the relationship between Big Data and personal data involves the need to balance private and public interests. The work sets out to comprehensively analyze the legal character of Big Data and its relationship with personal data to identify approaches for improving the legal framework in this area. Approaches to establishing a legal regime for Big Data take into account specific aspects of the circulation of personal data and the development of mechanisms for protecting citizens’ rights. Domestic and foreign legislation is contrasted according to the comparative legal method in the light of jurisprudential positions on the legal regulation of Big Data and personal data. Big Data is shown to have a heterogeneous structure that includes not only information but also technical devices and software that enable the collection, processing, and analysis of data. The results of Big Data processing, which represent a property interest for entities involved in civil transactions, can be the subject of civil law contracts. Conflicts between the development of Big Data technologies and existing personal data legislation necessitate the creation of a new legal mechanism for their regulation. For the successful implementation of Big Data technologies, it is necessary to ensure a balance between the protection of personal data and the opportunities for their use in analytical processes. The creation of a new legal mechanism for regulating Big Data must take into account its specific features to ensure a balance between the protection of personal data and the business needs for using such data for analytical purposes.

The development of digital technologies has led to the emergence of new objects of law and legal relations, the understanding of which is necessary to ensure the implementation of human rights and fundamental freedoms, including the right to property and the right to respect for human dignity. Among the main objects that have arisen as a result of the development of digital technologies are digital objects and assets. The purpose of this article is to attempt to formulate the concept of a “digital object”, conduct a comparative study of approaches to defining the concept of a “digital asset”, highlight the key features of the concept of a “digital asset”, propose approaches to determining the relationship between the concepts of a “digital object” and a “digital asset”, which will contribute to the development of legal regulation in the context of the digitalization of society. The approaches to defining the concepts of a “digital object” and a “digital asset” contained in doctrinal sources both in the Russian Federation and abroad (USA, Great Britain, Germany) are analyzed. An analysis of these categories contained in regulatory sources, including at the level of international organizations and interstate integration associations, is carried out. The study used dogmatic and formal-logical methods, an axiological approach and a comparison method. Based on the results of the analysis, definitions of the concepts of “digital object”, “digital asset”, and approaches to their relationship are proposed. The essential characteristics of such a category as “digital asset” are identified based on the materials developed at the level of the International Institute for the Unification of Private Law (UNIDROIT), the CIS, and the European Institute of Law, and the common features and differences between the concepts of “digital object” and “digital asset” are analyzed. A conclusion is formulated that a digital object can be considered as a general, generic concept that includes digital assets and other objects, such as social media accounts, email accounts, while an essential, constitutive feature of a digital asset is the concept of control over a digital asset.

Review of a book  Sheikh, H., Prins, C., & Schrijvers, E. (2023). Mission AI: The new system technology. Springer. https://doi.org/10.1007/978-3-031-21448-6