Právní problematika lootboxů Richter, Štěpán
Revue pro právo a technologie,
06/2019, Letnik:
10, Številka:
19
Journal Article
Recenzirano
Odprti dostop
Jak se videoherní trh pomalu sytí, uchylují se vydavatelé k používání nových metod zpoplatnění svých produktů, které mají vést ke zvýšení zisku z jednotlivých her. Cílem tohoto článku je popsat jednu ...z těchto praktik, tzv. lootboxy, a poukázat na hlavní problémy, které působí v kontextu českého právního řádu i praktického dopadu. Článek rovněž provede komparaci přístupu jiných států k otázce lootboxů a předloží možná řešení situace.
Právní problematika lootboxů Richter, Štěpán
Revue pro právo a technologie,
2019, Letnik:
10, Številka:
19
Journal Article
Recenzirano
Odprti dostop
As the gaming market steadily saturates, game publishers have started to apply new ways of monetization, with the intention to increase revenue from their games. The aim of this article is to ...describe one of these practices, the so-called loot boxes, and identify the main issues they have within Czech law and practical impact, with focus on their classification as gambling. The article will also compare the ways other nations have dealt with the issue and present possiblesolutions to the problem.
The world is undergoing a digitalization. Work, entertainment, education, even procurement of basic necessities is more and more done online. Some even speak of digital revolution. As of 11 June ...2019, Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services (“DCD”) and Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods (“SGD”) have entered into force and will be effective from 1st of January 2022. These directives are a key legislative component of EUs’ Digital single market policy, and can be seen as a culmination of years-long legislative and political initiative, that aims to regulate the ever-evolving digital market. Much has already been written by both EU committees and independent legal experts about the DCD, its’ issues, and possible impact of the DCD on national legal systems. This article aims to showcase the whole initiative of regulating the digital market with regards to consumer rights, describe the core issues of the DCD that have been identified since its’ conception, and present a compilation of how some of the national legislators, namely the legislators of Austria, Czechia, Poland and Spain, have dealt with said issues during the arduous task of transposition. The article concludes that the DCD is but one of many acts of the long and arduous legislative task of regulating the digital market in both the Digital single market policy and the “New deal for consumers”. The directive itself is not without its’ issues: its provisions are often too broad and general to constitute an actual improvement for the consumer. This is especially the case regarding the standard of quality for the supply of digital content and digital services. The DCD also omits important to classify of the contact for the supply of digital content as a specific contract type, and glosses over whether consumers’ counter-performance in allowing access to their personal data is on par with monetary counter-performance. Generally the issues of the DCD were not addressed or rectified by the examined national transpositions. However, in some specific cases, the national legislators have actually improved the situation. The new legislation will not solve the problem of binding the digital market in equitable legal rules. It does however serve as a stepping stone that includes some new legal concepts, that are necessary to comprehensively and properly regulate the digital market.
The aim of this paper is to showcase the Czech and EU law that regulates supply of digital content and services and assess its general usefulness with regards to contractual practice and consumer ...protection. This is achieved primarily by analysing the present and upcoming law that regulates the said topic and its comparison with con- tractual practice on the market. The paper concludes, that in the digital market, consumers have little control over the contracts they can enter into. Many of these contracts are consumer-unfriendly or even illegal. The law offers several ways the consumer can de- fend their rights on the market, but these are not cost-effective.
This thesis deals with the design of small reservoirs at Vyškov na Moravě. Projected reservoirs’ dams are earth-fill and homogenous and each one is equipped with the bottom water outlet and the ...emergency spillway. The first reservoir, located on the tributary of the Drnůvka river, has the fountain type emergency spillway and the feed pipe bottom water outlet. The reservoir of the Merchanice river, situated at the Vyškov airport, is equipped with the lateral emergency spillway and the feed pipe bottom water outlet. The third design is the reconstruction of the Marchanka reservoir projecting the dam raise. For this small reservoir two variants of functional installations were elaborated.
Paradoxical embolism is one of the predominant causes of cryptogenic stroke and interventional secondary prevention, i.e., closure of the patent foramen ovale (PFO), is a much discussed issue. This ...review aims to provide a complex perspective on this topic, aggregates and comments on the available data and current guidelines. Several large trials were performed, some of which proved the superiority of PFO closure over pharmacotherapy while others have not. Studies detecting significant superiority of intervention worked with disproportionately high representation of large shunts compared to the general population. Other controversies also remain, such as the lack of comparison of the effect of modern anticoagulant/antiplatelet treatment to PFO closure or the risk of developing unwanted side effects after intervention, and these are discussed in detail. PFO closure is a suitable method for secondary prevention of paradoxical embolism and, therefore, cryptogenic stroke. However, this is only true for carefully selected patient populations and such selection is of the utmost importance in deciding on interventional or conservative treatment.
► Dysregulation of adipokines contributes to the pathogenesis of preeclampsia (PE). ► Serum levels of the adipokine FGF-21 were investigated in PE and control patients. ► FGF-21 is significantly ...increased during pregnancy in PE as compared to controls. ► Triglycerides, GFR, and LDL cholesterol are independent predictors of FGF-21. ► FGF-21 in PE declines after pregnancy approaching levels of former control patients.
Preeclampsia (PE) is a serious cardiovascular complication in pregnancy, which is associated with an increased future metabolic and cardiovascular risk for mother and newborn. Fibroblast growth factor (FGF)-21 was recently introduced as a novel adipokine improving glucose metabolism in vitro and in vivo.
We investigated serum FGF-21 levels in patients with PE (n=51) as compared to healthy, age-matched controls (n=51) during and 6months after pregnancy. Furthermore, association of FGF-21 with markers of renal function, glucose and lipid metabolism, as well as inflammation, was elucidated in all individuals.
Median maternal FGF-21 serum concentrations adjusted for body mass index and gestational age at blood sampling were significantly, almost 3-fold increased in PE patients (309.6ng/l) as compared to healthy, age-matched pregnant women (105.2ng/l) (p<0.001). Furthermore, FGF-21 concentrations were independently and positively correlated with triglycerides whereas an independent and negative association was observed with glomerular filtration rate and low density lipoprotein (LDL) cholesterol in pregnant women. Moreover, FGF-21 serum levels significantly decreased in former PE patients 6months after pregnancy approaching levels found in control patients.
Maternal FGF-21 serum concentrations are significantly increased in PE during pregnancy. Furthermore, triglycerides, glomerular filtration rate, and LDL cholesterol are independent predictors of circulating FGF-21 in pregnant women.
Our research compared whole pelvic (WP) and prostate-only (PO) 3-dimensional conformal radiotherapy (3DCRT) techniques in terms of the incidence and evolution of acute and late toxicity of the rectum ...and urinary bladder, and identified the PTV-parameters influencing these damages and changes in antitumor immune response.
We analyzed 197 prostate cancer patients undergoing 3DCRT for gastrointestinal (GI) and genitourinary (GU) toxicities, and conducted a pilot immunological study including flow cytometry and an NK cell cytotoxicity assay. Acute and late toxicities were recorded according to the RTOG and the LENT-SOMA scales, respectively. Univariate and multivariate analyses were conducted for factors associated with toxicity.
In the WP group, an increase of acute rectal toxicity was observed. A higher incidence of late GI/GU toxicity appeared in the PO group. Only 18 patients (WP-7.76% and PO-11.11%) suffered severe late GI toxicity, and 26 patients (WP-11.21% and PO-16.05%) severe late GU toxicity. In the majority of acute toxicity suffering patients, the diminution of late GI/GU toxicity to grade 1 or to no toxicity after radiotherapy was observed. The 3DCRT technique itself, patient age, T stage of TNM classification, surgical intervention, and some dose-volume parameters emerged as important factors in the probability of developing acute and late GI/GU toxicity. The proportion and differentiation of NK cells positively correlated during 3DCRT and negatively so after its completion with dose-volumes of the rectum and urinary bladder. T and NKT cells were down-regulated throughout the whole period. We found a negative correlation between leukocyte numbers and bone marrow irradiated by 44-54 Gy and a positive one for NK cell proportion and doses of 5-25 Gy. The acute GU, late GU, and GI toxicities up-regulated the T cell (CTL) numbers and NK cytotoxicity.
Our study demonstrates the association of acute and late damage of the urinary bladder and rectum, with clinical and treatment related factors. The 3DCRT itself does not induce the late GI or GU toxicity and rather reduces the risk of transition from acute to late toxicity. We have described for the first time the correlation between organs at risk, dose-volume parameters, and the immunological profile.
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