Copyright in the Age of Online Access

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186794
Total Pages : 407 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Copyright in the Age of Online Access by : João Pedro Quintais

Download or read book Copyright in the Age of Online Access written by João Pedro Quintais and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "

Streaming and Copyright Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000642763
Total Pages : 180 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Streaming and Copyright Law by : Lasantha Ariyarathna

Download or read book Streaming and Copyright Law written by Lasantha Ariyarathna and published by Taylor & Francis. This book was released on 2022-09-05 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the challenges posed to Australian copyright law by streaming, from the end-user perspective. It compares the Australian position with the European Union and United States to draw lessons from them, regarding how they have dealt with streaming and copyright. By critically examining the technological functionality of streaming and the failure of copyright enforcement against the masses, it argues for strengthening end-user rights. The rising popularity of streaming has resulted in a revolutionary change to how digital content, such as sound recordings, cinematographic films, and radio and television broadcasts, is used on the internet. Superseding the conventional method of downloading, using streaming to access digital content has challenged copyright law, because it is not clear whether end-user acts of streaming constitute copyright infringement. These prevailing grey areas between copyright and streaming often make end-users feel doubtful about accessing digital content through streaming. It is uncertain whether exercising the right of reproduction is appropriately suited for streaming, given the ambiguities of “embodiment” and scope of “substantial part”. Conversely, the fair dealing defence in Australia cannot be used aptly to defend end-users’ acts of streaming digital content, because end-users who use streaming to access digital content can rarely rely on the defence of fair dealing for the purposes of criticism or review, news reporting, parody or satire, or research or study. When considering a temporary copy exception, end-users are at risk of being held liable for infringement when using streaming to access a website that contains infringing digital content, even if they lack any knowledge about the content’s infringing nature. Moreover, the grey areas in circumventing geo-blocking have made end-users hesitant to access websites through streaming because it is not clear whether technological protection measures apply to geo-blocking. End-users have a severe lack of knowledge about whether they can use circumvention methods, such as virtual private networks, to access streaming websites without being held liable for copyright infringement. Despite the intricacies between copyright and access to digital content, the recently implemented website-blocking laws have emboldened copyright owners while suppressing end-users’ access to digital content. This is because the principles of proportionality and public interest have been given less attention when determining website-blocking injunctions.

Copyright in the Digital Era

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Author :
Publisher : National Academies Press
ISBN 13 : 0309278953
Total Pages : 103 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Copyright in the Digital Era by : National Research Council

Download or read book Copyright in the Digital Era written by National Research Council and published by National Academies Press. This book was released on 2013-05-30 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

The Copyright Infringement Liability of Online and Internet Service Providers

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Author :
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Copyright Infringement Liability of Online and Internet Service Providers by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Copyright Infringement Liability of Online and Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Politics of Online Copyright Enforcement in the EU

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Author :
Publisher : Springer
ISBN 13 : 3319509748
Total Pages : 361 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Politics of Online Copyright Enforcement in the EU by : Trisha Meyer

Download or read book The Politics of Online Copyright Enforcement in the EU written by Trisha Meyer and published by Springer. This book was released on 2017-03-25 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates recent policy initiatives dealing with the online enforcement of copyright in the European Union, providing unique insights into the current stalemate in the field. It is a timely contribution to the next steps of policy-making on copyright enforcement and Internet governance. The author brings to light tensions in how we encourage knowledge and cultural creation, and importantly how we regulate the Internet. In this study, online copyright enforcement is situated within the wider debate on Internet governance. Intermediary liability is a focal point. It provides an explanation of recent online copyright enforcement policy initiatives is based on an in-depth investigation of the ideas, interests, institutions and discourses involved in three EU level and two member state level initiatives. Seventy-two expert interviews complement the policy analysis conducted.

The SAGE Handbook of Intellectual Property

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Publisher : SAGE
ISBN 13 : 1473914396
Total Pages : 1362 pages
Book Rating : 4.4/5 (739 download)

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Book Synopsis The SAGE Handbook of Intellectual Property by : Matthew David

Download or read book The SAGE Handbook of Intellectual Property written by Matthew David and published by SAGE. This book was released on 2014-11-18 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.

New Developments in EU and International Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159991
Total Pages : 576 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Developments in EU and International Copyright Law by : Irini A. Stamatoudi

Download or read book New Developments in EU and International Copyright Law written by Irini A. Stamatoudi and published by Kluwer Law International B.V.. This book was released on 2016-02-23 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than a source of income and a means of protection for creators, rightholders, and the creative and entertainment industries, copyright is also a vehicle for technological advances and economic development. In the European Union, industries with intensive emphasis on intellectual property rights (mainly copyright) generate more than a quarter of employment and more than a third of economic activity. Yet copyright continues to be plagued by problematic attempts to balance the interests of rightholders, the public, consumers, intermediaries, collecting societies, different national legal traditions, and other forces, European and global. This book draws a comprehensive picture of current, pending, and proposed copyright developments – legislation, ‘communications,’ white papers, and court decisions – at the levels of the European Union and the World Intellectual Property Organization. Twenty-two well-known and prestigious experts on intellectual property law from seventeen jurisdictions worldwide contribute essays on particular trends in copyright, including discussions of the following and more: - making content available in an EU digital single market; - collective management and multi-territorial licensing; - exceptions for libraries and archives, education and research; - traditional knowledge and cultural expressions; - unjustified geoblocking; - illegal content on the Internet; - text and data mining; - copyright enforcement online; and - role of the European Court of Justice. Policy recommendations are also set forth, as well as a detailed conceptual framework for a potential EU Copyright Code. As a detailed and thoughtful overview of current trends in copyright internationally, this book has no peers. It is sure to be welcomed by practitioners, policymakers, academics, researchers, and business leaders for whom intellectual property rights, and especially copyright, are of the first importance.

The Making Available Right

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788978188
Total Pages : 315 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis The Making Available Right by : Cheryl Foong

Download or read book The Making Available Right written by Cheryl Foong and published by Edward Elgar Publishing. This book was released on 2019 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} The right of copyright owners to make their content available to the public is crucial in an environment driven by access. The Making Available Right provides in-depth analysis of this exclusive right and offers insights on how we can approach the right in a more transparent and principled manner. This thought-provoking book brings together detailed analysis of the law and a broader consideration of copyright’s fundamental aims, and will be of interest to judges, practitioners and scholars concerned about how copyright deals with access going forward.

Internet Intermediaries and Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514906
Total Pages : 543 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Internet Intermediaries and Copyright Law by : Stefan Kulk

Download or read book Internet Intermediaries and Copyright Law written by Stefan Kulk and published by Kluwer Law International B.V.. This book was released on 2019-10-02 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.

Understanding Online Piracy

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 031335474X
Total Pages : 200 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Understanding Online Piracy by : Nathan Fisk

Download or read book Understanding Online Piracy written by Nathan Fisk and published by Bloomsbury Publishing USA. This book was released on 2009-06-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complex world of online piracy and peer-to-peer file sharing is skillfully condensed into an easy-to-understand guide that provides insight into the criminal justice approach to illegal file sharing, while offering guidance to parents and students who have concerns about potential legal action in response to file-sharing activities. While the actual impact of digital piracy is nearly impossible to precisely calculate, the threat of financial damage from illegal peer-to-peer (P2P) file sharing to the world's highest-grossing entertainment firms (and even entire industries!) has garnered attention from government, industry, and academic leaders and criminal justice professionals. Oftentimes, those providing access to computers and file sharing capabilities-parents, schools, libraries-don't know about or understand these activities and, therefore, put themselves and their families at risk for criminal and civil prosecution. This work describes the technological, legal, social, and ethical facets of illegal peer-to-peer file sharing. Geared toward parents, teachers, librarians, students, and any other computer user engaged in file sharing, this book will help readers to understand all forms of traditional and digital copyright violations of protected music, movies, and software. To date over 18,000 P2P users have been sued by the Recording Industry Association of America (RIAA). Most of these users have been college students and parents of high-school students. While word of these law suits are spreading, and many parents fear that their children may be using a family computer to illegally download and share copyrighted works, few supervising adults have the technical knowledge needed to determine whether and to what extent pirating may be occurring via a computer and Internet connection they are legally responsible for. Additionally, while P2P networks are filled with millions of users with billions of copyrighted files, few users understand the ways in which they are illegally using computers and other mobile electronic devices to download protected content. While describing both technical and social issues, this book primarily focuses on the social aspects of illegal file sharing, and provides technical concepts at a general level. Fisk skillfully condenses the complex nature of file sharing systems into an easy-to-understand guide, provides insight into the criminal justice approach to illegal file sharing, and offers guidance to parents and students who have concerns about potential legal action in response to file sharing activities.

Digital Copyright

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Publisher : Prometheus Books
ISBN 13 : 161592051X
Total Pages : 216 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Digital Copyright by : Jessica Litman

Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

Intellectual Property Protection as Economic Policy

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Author :
Publisher :
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Intellectual Property Protection as Economic Policy by : United States. Congressional-Executive Commission on China

Download or read book Intellectual Property Protection as Economic Policy written by United States. Congressional-Executive Commission on China and published by . This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Handbook on Intellectual Property and Digital Technologies

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368346
Total Pages : 607 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Intellectual Property and Digital Technologies by : Tanya Aplin

Download or read book Research Handbook on Intellectual Property and Digital Technologies written by Tanya Aplin and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook provides a scholarly and comprehensive account of the multiple converging challenges that digital technologies present for intellectual property (IP) rights, from the perspectives of international, EU and US law. Despite the fast-moving nature of digital technology, this Handbook provides profound reflections on the underlying normative legal dilemmas, identifying future problems and suggesting how digital IP issues should be dealt with in the future.

Piracy of Intellectual Property

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Author :
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Piracy of Intellectual Property by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property

Download or read book Piracy of Intellectual Property written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and published by . This book was released on 2007 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Copyright Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786437805
Total Pages : 1303 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis EU Copyright Law by : Irini Stamatoudi

Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 1303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948546
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Internet Service Provider Liability for Copyright and Trade Mark Infringement by : Zoi Krokida

Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

Sinking the Copyright Pirates

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Author :
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Sinking the Copyright Pirates by : United States. Congress. House. Committee on Foreign Affairs

Download or read book Sinking the Copyright Pirates written by United States. Congress. House. Committee on Foreign Affairs and published by . This book was released on 2009 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: