Vilnius University Open Series https://www.journals.vu.lt/open-series <p>Established in 2019 and dedicated to publishing occasional collections of articles on different topics.</p> Vilniaus universiteto leidykla / Vilnius University Press en-US Vilnius University Open Series 2669-0535 Table of Contents https://www.journals.vu.lt/open-series/article/view/24912 <p>-</p> Tomas Davulis Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 1 5 Epic Games v. Apple: Fortnite battle that can change the industry https://www.journals.vu.lt/open-series/article/view/24913 <p>When Apple Store was launched, there were 500 applications available for iPhone users. Since then, the number of applications in the App Store skyrocketed and in 2017 reached around 2.2 million. In recent years, the number of apps in the App Store is steadily declining, due to Apple’s decision to remove old apps that do not function or the apps that do not follow current app guidelines. The distribution of the apps is only available through the App Store, where the only available payment processor is controlled by Apple. That places Apple in a unique position.<br>The case Epic Games v. Apple raises a broader discussion, whether Apple as the “gatekeeper” of Apps can restrict distribution and access to the apps in the iOS operational system, and whether that kind of activity can be deemed as a monopolist and restrictive competition in App distribution market. This paper will analyze and critically evaluate the recent lawsuit that was brought up against Apple by Epic Games. The main aspect of this analysis is whether Apple can legally restrict the developer’s ability to distribute the applications through the App Store and if it does not restrict the competition. This article is composed of several chapters. Chapter one will examine the relevant facts of the Epic and Apple lawsuit and will summarize the key arguments of this case. The second chapter will explore the relevant legislation and the relevant market related to previously mention proceedings and will explain how the doctrine of the essential facility might affect the case. Chapter three will delve into similar cases brought up earlier and will cover the distribution of digital goods. Chapter four will provide conclusions and the paths moving forward.<br>The object of the paper is to perform a detailed analysis of the case. The purpose of the paper is an assessment of the relevant facts and legal framework regarding Epic’s claim, as well as analyze the topics of foreclosure and dominance in the market. To write this paper several academic writing methods such as descriptive to provide readers with relevant legislation and inform them about relevant facts of the case, also analytical to form the readers’ opinions regarding the recent events and activities of both sides of the suit, also a comparative to compare different legal frameworks in the United States of America and European Union regarding the regulation of monopoly were used. There is no doubt this topic has enormous relevance because of its’ possible after-effects. Epic’s claim already has an impact not only on Apple but also on the whole app development and distribution industry of digital goods and might create a precedent to the similar cases. Currently, this claim is only discussed in the media, and there is no precedent. This article will not give a clear answer to how this lawsuit will be resolved, because it mainly depends on court interpretation of the relevant market. We would rather give a few alternative solutions to this case.</p> Paulina Ambrasaitė Agnė Smagurauskaitė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 6 25 10.15388/TMP.2021.1 Digital data: is a new legal regulation needed? https://www.journals.vu.lt/open-series/article/view/24914 <p>This article analyzes the phenomenon of digital data and its impact on both the daily lives of each individual and businesses. Article discusses the legal issue of data ownership, which is inextricably linked with the emergence of Big data. The EU legal regulation of digital data faces the following shortcomings: i. legal regulation of data does not keep pace with the rapid development of technology and the phenomenon of such large-scale data creation; ii. the current EU data legislation is intended to protect the interests of the data subject or business and not to create a common data regulatory ecosystem. For these reasons, the question of data ownership is raised, which is thought to be able to change the whole legal perception of digital data in the further evolution of the Industrial Revolution.</p> Akvilė Medvedevaitė Gabrielė Velta Mickevičiūtė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 26 49 10.15388/TMP.2021.2 Telemedicine: problematic (non) regulation aspects and future perspectives https://www.journals.vu.lt/open-series/article/view/24915 <p>This article analyzes the main problematic aspects of (non) regulation and future perspectives in the field of telemedicine.</p> Alanas Gulbinas Kamilė Jogminaitė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 50 69 10.15388/TMP.2021.3 Restrictions during pandemic: justified but is it lawful? https://www.journals.vu.lt/open-series/article/view/24916 <p>The article analyses if restrictions on business during the quarantines were proportionate and legitimate. The authors of this article argue that the forced closure of businesses during quarantine in its essence resembles the institute of taking private property ownership rights for public needs rather than restricting the freedom of economic activity because activities have been suspended entirely instead of merely being subject to certain operational restrictions. Such restrictions may be imposed only in exceptional cases and in the form of a law. It would be in line to consider proportionate compensations for businesses’ losses due to forcible closure from the State.</p> Andra Mažrimaitė Vytautas Pasvenskas Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 70 91 10.15388/TMP.2021.4 China‘s responsibility for the COVID – 19 pandemic: an international law perspective https://www.journals.vu.lt/open-series/article/view/24917 <p>This article focuses on state responsibility elements under international law and analyses legal preconditions for China‘s responsibility under international law for COVID-19 pandemic management related actions.</p> Andrius Piepolis Kamilė Smilgevičiūtė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 92 109 10.15388/TMP.2021.5 Possibilities and perspectives of remote work of courts of Lithuania https://www.journals.vu.lt/open-series/article/view/24918 <p>This article analyses the topic of opportunities and perspectives of remote proceedings of the courts of Lithuania. Based on international documents, legal acts and legal doctrine, information provided by the National Courts Administration, interviews with judges and attorneys, the situation of remote criminal proceedings in the context of the COVID-19 pandemic is presented. An analysis of the impact of remote proceedings of courts on the rights and obligations of participants in criminal proceedings was also performed. This article provides insights into the legal regulation and practice of remote proceedings of courts in the future.</p> Arnas Malakauskas Raminta Matulytė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 110 128 10.15388/TMP.2021.6 Substance over form principle, its application in tax disputes https://www.journals.vu.lt/open-series/article/view/24919 <p>The article presents the concept of the substance over form principle, new law changes, an analysis of its formation and the topicalities in application of the principle in the latest tax disputes in Lithuania and abroad.</p> Arnas Sabalys Robertas Remeika Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 129 145 10.15388/TMP.2021.7 Problematic aspects of the appeal against the resolution by which a question of the acceptance of a statement of claim is resolved https://www.journals.vu.lt/open-series/article/view/24920 <p>This article is dedicated to analyse problematic aspects of the appeal against the resolution by which a question of the acceptance of a statement of claim is resolved; the article also presents analysis of the Lithuanian case law from 2013 to 2020 on this matter and its compliance with the regulation enshrined in the Code of civil procedure of the Republic of Lithuania.</p> Roberta Biveinytė Aušrinė Dambrauskaitė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 146 161 10.15388/TMP.2021.8 Use of a child’s image for advertising on social networks https://www.journals.vu.lt/open-series/article/view/24921 <p>The research is mainly focused on taking legal regulatory measures that ensure the child’s rights to share information on the internet space, because the child is a vulnerable member of society. The current regulatory mechanism is not capable of protecting the rights of a child when his or her image is appropriate for promotional social networks. For this reason, the child may experience parental abuse of power, the child’s right to rest is not guaranteed, as well as the principle of separation of property.</p> Beatričė Jasinskaitė Monika Ubavičiūtė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 162 181 10.15388/TMP.2021.9 Civil and criminal liability for damage caused by self–driving cars https://www.journals.vu.lt/open-series/article/view/24922 <p>The article aims to analyse and assess whether the existing legal regulation in Lithuania is sufficient for application of civil and criminal liability for damage caused by fully self–driving cars. This hypothesis is confirmed by analysing the technical specifics of fully self–driving cars, the legal regulation of civil and criminal liability in Lithuania and the main theories of these types of liability.</p> Deimantė Rimkutė Kristijonas Povylius Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 182 210 10.15388/TMP.2021.10 Kodėl administraciniam procesui (ne)reikalinga kasacija? https://www.journals.vu.lt/open-series/article/view/24923 <p>The article analyses the system of administrative courts, its advantages, disadvantages and possible improvements.</p> Deividas Jokšas Erika Katiševskaja Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 211 234 10.15388/TMP.2021.11 Kibernetinis persekiojimas (cyberstalking): viktimizacijos ypatumai ir teisinio reagavimo galimybės https://www.journals.vu.lt/open-series/article/view/24924 <p>In the article, the phenomenon of cyberstalking is presented through the differentiation from convenient stalking (stalking without the usage of cyberspace). Moreover, cyberstalkers and their victims are characterised by distinguishing their prevalent features and interaction. Authors discuss national as well as international measures of legal response to cyberstalking crimes.</p> Gabija Panomariovaitė Justina Zokaitė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 235 257 10.15388/TMP.2021.13 Third party cookies: what kind of world is without them? https://www.journals.vu.lt/open-series/article/view/24925 <p>In the article “Third-party cookies: what kind of world is without them?” the decision to remove third-party cookies is being analysed. This objective is being pursued, firstly, because of the problems that have arisen as a result of the “cookies” lack of compliance with law norms. Firefox and Safari were the first ones to make these changes, followed by Google, the largest “giant” in the market. Knowing the benefits of third-party cookies, it has become clear that there will be a need to find alternatives to replace this technology. The following solutions were proposed: “Privacy Sandbox”, contextual targeting, Firefox implemented an enhanced security program “Firefox 69”, and Safari’s privacy feature “Intelligent Tracking Protection”.<br>The article also describes the possible nature of the digital advertising market after the implementation of this change, which will determine the necessity for marketing and business companies to change the strategies in the development of their activities. The article also analyses the legal mechanisms and aspirations of the European Union institutions in the legislative process, which will help to ensure consumer rights in the field of data protection.</p> Justė Juškaitė Milda Aušrinė Janušauskaitė Copyright (c) 2021 Authors https://creativecommons.org/licenses/by/4.0 2021-10-18 2021-10-18 258 278 10.15388/TMP.2021.12