Indirect Copyright Liability and Technological Innovation

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Copyright Liability and Technological Innovation by : Peter S. Menell

Download or read book Indirect Copyright Liability and Technological Innovation written by Peter S. Menell and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers both a broader framework for assessing the relationship between indirect copyright liability and technological innovation and some suggestive empirical results. The conceptual analysis demonstrates that the question of whether indirect copyright liability chills technological innovation inherently requires consideration of a broader range of social balances, market mechanisms, and roles for mediating institutions. Several countervailing forces, such as the relatively modest capital requirements associated with the technology at issue, the nature of the many established research environments, the philosophical and cultural orientation of many digital technology researchers, various liability-insulating institutions, the ability of investors and technology companies to manage risk, and the importance of technological advance in fields unaffected by copyright liability, suggest that the effects of indirect copyright liability on innovation in replication and distribution technologies will be less dire and more complex than the conjecture suggests. Moreover, the Chilled Innovation conjecture downplays the beneficial effects of indirect copyright liability on the development of balanced technologies (those that tend to balance incentives to create copyrighted works with advances in information dissemination) while ignoring the adverse effects of broad immunity, which fosters deployment of parasitic technologies that tend to drive out balanced technologies. To the extent that the Chilled Innovation conjecture has force, it is not at the basic research and development stages of the innovation pipeline, but rather at the commercialization stage - which is where in the innovation process such effects are most appropriately focused. This limits the effects of choking innovation in its infancy. The article also offers a partial test of the chilled innovation conjecture by examining academic research and patent data. The findings indicate that the Napster-Aimster-Grokster trilogy does not appear to have derailed technological innovation in the peer-to-peer field.

Secondary Copyright Liability in an Age of Technological Innovation

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Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (95 download)

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Book Synopsis Secondary Copyright Liability in an Age of Technological Innovation by : Changhwa Kim

Download or read book Secondary Copyright Liability in an Age of Technological Innovation written by Changhwa Kim and published by . This book was released on 2012 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Copyright in the Digital Era

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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.

MGM V. Grokster - Amicus Brief of Professors Peter S. Menell, David Nimmer, Robert P. Merges, and Justin Hughes

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis MGM V. Grokster - Amicus Brief of Professors Peter S. Menell, David Nimmer, Robert P. Merges, and Justin Hughes by : Peter S. Menell

Download or read book MGM V. Grokster - Amicus Brief of Professors Peter S. Menell, David Nimmer, Robert P. Merges, and Justin Hughes written by Peter S. Menell and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This case turns on whether the Supreme Court's 1984 decision in Sony conclusively resolves at the summary judgment stage the present dispute - involving strikingly different technology that was unimaginable at the time that the Sony case was decided. Although some of the language used in the Sony decision - stating that providers of technology that is capable of substantial noninfringing uses cannot be subject to contributory infringement liability - appears to predetermine the outcome of this matter, such a far-reaching, prospective rule goes well beyond the language or intent of the Copyright Act and misconstrues the proper judicial function in copyright adjudication. Over the course of nearly two centuries, courts have evolved, with tacit legislative consent, a rich infringement jurisprudence that balances a range of considerations on a case-by-case basis. This jurisprudence has long recognized indirect as well as direct infringement. In its comprehensive reform and codification of copyright law in the 1976 Copyright Act, Congress purposefully reaffirmed the continued applicability and evolution of this jurisprudence. At the same time, Congress established various express immunities, compulsory licenses, and other categorical limitations on liability. It would be incongruous, therefore, for courts to read additional categorical immunities into the Copyright Act's liability regime. Congress has since added numerous other limitations to copyright liability, none of which bar a finding of infringement in the present case. Several amendments prohibit trafficking of particular classes of technology capable of substantial non-infringing uses.The Sony Court derived its “staple article of commerce” standard by analogizing to the Patent Act. Transplanting such a rule from the Patent Act, however, misapprehends critical differences between the two legal regimes. Whereas patent law seeks to promote technological innovation and evolved a staple article of commerce doctrine primarily out of concern for unduly expanding patent scope, copyright law seeks to promote cultural and social progress, manifesting a more cautious stance toward technological dissemination, particularly where a technology threatens widespread piracy of expressive works. Furthermore, amendments to the Copyright Act since the Sony decision demonstrate that Congress does not believe that dual-use technology - i.e., technology that is capable of both infringing and substantial non-infringing uses - should be treated as inviolate under copyright law. Rather, Congress has shown that it sees a need to balance the efficacy of the copyright system for promoting creative expression against social interests in technological innovation and consumer autonomy.Consequently, this Court should clarify that indirect copyright infringement liability requires a balancing of factors based on the protection of copyright owners' rights and other recognized interests and concerns undergirding copyright law. Adverse effects of potential liability on incentives to innovate can and should be considered in such a balance, but no judicially established safe harbors should be recognized or imposed. Any such prospective, categorical safe harbors are properly within the exclusive power of Congress. Until such time as Congress establishes a staple article of commerce immunity to copyright liability, courts should continue to evolve balanced infringement standards that respond to new technologies guided by the text, structure, and purposes of copyright law.For the present case this means that the Ninth Circuit's decision to affirm summary judgment dismissing the plaintiffs' cause of action should be overturned and the case remanded for a full trial applying an appropriate balancing test. This Court should clarify that copyright liability extends to acts inducing copyright infringement and that contributory and vicarious liability should be judged on the basis of traditional criteria, including considerations of causation, knowledge, and intent. Given the policies animating copyright law, the standard for indirect liability should balance the harm to copyright owners against adverse effects on consumers from the loss of non-infringing uses from dual-use technologies. Such a balance should consider the full range of factors, including the relative magnitudes (present and foreseeable) of infringing and non-infringing use, the degree of control exercised by manufacturers and distributors of means for reproducing and distributing works of authorship, the intent of such enterprises, the extent to which noninfringing uses can be continued without the technologies at issue, and the extent to which copyright owners can limit unauthorized uses of their works (without undue expense or loss of market). Such an approach would continue the judiciary's vital role as a flexible and responsive institution for addressing evolving challenges to the copyright system. Until such time as Congress expressly enacts a safe harbor in the Copyright Act analogous to patent law's staple article of commerce doctrine, the distributor of technology that is merely capable of substantial non-infringing uses (but is in fact used predominantly to facilitate massive infringement) should not be categorically immune from copyright liability.

European Intermediary Liability in Copyright: A Tort-Based Analysis

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

Indirect Free Riding on the Wheels of Commerce

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Indirect Free Riding on the Wheels of Commerce by : Barak Orbach

Download or read book Indirect Free Riding on the Wheels of Commerce written by Barak Orbach and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed explosion in copyright literature on potential indirect liability of providers of dual-use technologies - technologies that are capable of infringing and noninfringing uses. The existing literature, however, fails to identify several important characteristics of copyright disputes over dual-use technologies. This Article finds that attempts to impose indirect liability on providers of dual-use technologies tend to appear in multisided markets, which are business environments in which market intermediaries connect members of different, distinct groups. The Article shows that indirect network externalities that multisided markets generate are the value that stirs up disputes over dual-use technologies. The Article explains the nature of indirect network externalities and their significance to copyright law. It characterizes the properties of markets in which disputes over dual-use technologies tend to arise, offers criteria to differentiate among dual-use technologies, and examines the desirability of present copyright liability rules. The analytical framework advanced in this Article offers courts, policymakers, and scholars practical guidelines for distinguishing between socially desirable and undesirable dual-use technologies. The framework also exposes some limitations of present copyright law in addressing the problem of dual-use technologies.

Peer-to-peer File Sharing and Secondary Liability in Copyright Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848449445
Total Pages : 341 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Peer-to-peer File Sharing and Secondary Liability in Copyright Law by : Alain Strowel

Download or read book Peer-to-peer File Sharing and Secondary Liability in Copyright Law written by Alain Strowel and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book that has a lot to offer. Many of its readers will benefit from the first chapters which comprehensively analyse the case law and put it in context, whilst others will benefit more from the more conceptual chapters and the criticism of certain points and suggestions for a way forward contained in them. Paul L.C. Torremans, European Intellectual Property Review This timely volume offers a comprehensive review of case law, in various jurisdictions, on secondary liability for copyright infringement, particularly P2P file sharing and online infringements. Moreover, the book includes forward-looking contributions of prominent academics from the USA and the EU, which provide original perspectives on the future shape of online copyright law, looking at questions such as whether it could or even should evolve towards a compensation system. By combining these different avenues, the book will be of particular interest to practitioners, academics, researchers and legal scholars involved in the field of copyright law.

Telecommunications Essentials, Second Edition

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Publisher : Pearson Education
ISBN 13 : 0132702312
Total Pages : 1229 pages
Book Rating : 4.1/5 (327 download)

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Book Synopsis Telecommunications Essentials, Second Edition by : Lillian Goleniewski

Download or read book Telecommunications Essentials, Second Edition written by Lillian Goleniewski and published by Pearson Education. This book was released on 2006-10-10 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Telecommunications Essentials, Second Edition, provides a comprehensive overview of the rapidly evolving world of telecommunications. Providing an in-depth, one-stop reference for anyone wanting to get up to speed on the $1.2 trillion telecommunications industry, this book not only covers the basic building blocks but also introduces the most current information on new technologies. This edition features new sections on IP telephony, VPNs, NGN architectures, broadband access alternatives, and broadband wireless applications, and it describes the technological and political forces at play in the world of telecommunications around the globe. Topics include Communications fundamentals, from traditional transmission media, to establishing communicationschannels, to the PSTN Data networking and the Internet, including the basics of data communications, local area networking, wide area networking, and the Internet and IP infrastructures Next-generation networks, including the applications, characteristics, and requirements of the new generation of networks that are being built to quickly and reliably carry the ever-increasing network traffic, focusing on IP services, network infrastructure, optical networking, and broadband access alternatives Wireless networking, including the basics of wireless networking and the technologies involved in WWANs, WMANs, WLANs, and WPANs

Toward a More Balanced Approach

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Publisher : Open Dissertation Press
ISBN 13 : 9781361378588
Total Pages : pages
Book Rating : 4.3/5 (785 download)

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Book Synopsis Toward a More Balanced Approach by : Jerry Jie Hua

Download or read book Toward a More Balanced Approach written by Jerry Jie Hua and published by Open Dissertation Press. This book was released on 2017-01-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Toward a More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era" by Jerry Jie, Hua, 华劼, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: The establishment of copyright protection systems aims to achieve two important purposes; to stimulate the incentive for creation by granting authors a series of exclusive rights on the one hand, and promote the progress of culture and public welfare by establishing a series of limitations on these exclusive rights so that the flow of information and dissemination of knowledge will not be hindered on the other hand. There is always a close relationship between technology development and copyright law. The emergence of personal computers and the internet has brought about a distinct wave of technological innovation that has reshaped copyright laws by empowering anyone with a connection to flawless, inexpensive and instantaneous reproduction and distribution of works of authorship. Such technological advancement changes the interests of copyright owners and public users. Users are exposed to more opportunities brought about by digital network technology to obtain access and exploit copyrightable works. If copyright laws do not expand their protected subject matters and categories of exclusive rights, authors cannot be adequately compensated under the digital network environment. Copyright laws can no longer function as an incentive for creation if there is a lack of revision and appropriate expansion. Hence, copyright laws need to extend protection to new subject matters, such as computer programs and databases; grant right holders new kinds of rights, such as right of rental and right to network dissemination of information; establish indirect infringing liability for internet service providers; and expand protection to technological measures. However, copyright expansion should not be unlimited and should cease when appropriate access to various works and future creations is at risk. Expansion of copyright protection is only justified when the access and use of works by the public threaten the incentive of authors to create and reap economic rewards. Overexpansion of copyright protection would again disrupt the balance if access to works is narrowly restricted. Overprotection of copyrights will not only obstruct access to original works, but will also inhibit future creations based on the original works. Based on comparative research on international and regional conventions as well as laws, regulations, policies and cases among different jurisdictions, this thesis intends to suggest proposals to recover the balance of interests among copyright holders, technological intermediaries and public users in terms of accessing, distributing and exploiting copyrighted works. Four specific issues are discussed in the thesis: the anti-circumvention rules for protection of technological measures; indirect infringing liability for internet service providers and safe harbor regulations; copyright limitations and exceptions especially under the digital network environment; and digital commons projects which promote distribution and adaptation of copyrighted works placed under voluntary licensing schemes. The analysis of these issues and corresponding proposals for reform are not only to reverse the worldwide copyright expansion trend so as to make copyright laws appropriately respond to digital network challenges and the emerging remix culture in general, but also to induce China to rethink and amend her copyright system so as to restore a robust public domain w

Rethinking Cyberlaw

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781002185
Total Pages : 173 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Rethinking Cyberlaw by : Jacqueline Lipton

Download or read book Rethinking Cyberlaw written by Jacqueline Lipton and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known

Copyfights to Come

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Copyfights to Come by : Brian P. Wikner

Download or read book Copyfights to Come written by Brian P. Wikner and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, courts have been presented with difficult questions of how copyright law developed for an analog world should be applied in cases involving emerging digital technologies. Federal courts of appeals have disagreed over how to apply the U.S. Supreme Court's Sony Corp. of America v. Universal City Studios, Inc. decision and the common-law doctrine of contributory liability for copyright infringement to developers of such technologies. The U.S. Supreme Court's recent decision in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. resolved this dispute as to those developers who induce others to infringe copyrights without necessarily having actual knowledge of the direct infringement themselves. This comment addresses a question left unanswered by the Grokster Court: how does Sony's limitation on contributory liability apply to a good-faith developer of cutting-edge technologies who does not induce infringement, yet operates with actual knowledge of infringement by others? It suggests that this "inverse Grokster" dilemma will likely be the next front in the "copyfight" between old and new media, this time pitting consumer-oriented technology companies against copyright owners. The comment concludes by proposing a balancing test to be adopted by the Ninth Circuit Court of Appeals that harmonizes the court's precedent with the Supreme Court's ruling in Grokster, yet also accounts for the public and private interests at issue in these "inverse Grokster" cases.

Indirect Liability for Copyright Infringement

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Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (531 download)

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Book Synopsis Indirect Liability for Copyright Infringement by : William M. Landes

Download or read book Indirect Liability for Copyright Infringement written by William M. Landes and published by . This book was released on 2003 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Access-right

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Publisher :
ISBN 13 : 0199734070
Total Pages : 633 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Access-right by : Zohar Efroni

Download or read book Access-right written by Zohar Efroni and published by . This book was released on 2011 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copyright law has become the subject of general concerns that reach beyond the limited circles of specialists and prototypical rights-holders. The role, scope and effect of copyright mechanisms involve genuinely complex questions. Digitization trends and the legal changes that followed drew those complex matters to the center of an ongoing public debate. In Access-Right: The Future of Digital Copyright Law, Zohar Efroni explores theoretical, normative and practical aspects of premising copyright on the principle of access to works. The impetus to this approach has been the emergence of technology that many consider a threat to the intended operation, and perhaps even to the very integrity, of copyright protection in the digital setting: It is the ability to control digital works already at the stage of accessing them by means of technological protection measures. The pervasive shift toward the use of digital technology for the creation, dissemination, exploitation and consumption of copyrighted material warrants a shift also in the way we perceive the structure of copyright rules. Premising the copyright order on the concept of digital access first calls for explaining the basic components of proprietary access control over information in the abstract. The book then surveys recent developments in the positive law, while showing how the theoretical access-right construct could explain the logic behind them. Finally, the book critically analyzes existing approaches to curbing the resulting problems of imbalance and overprotection, which are said to disadvantage users. In conclusion, the book advocates for a structural overhaul of our current regulative apparatus. The proposed reform involves a series of changes in the way we define copyright entitlements, and in the way in which those entitlements may interrelate within a single, coherent scheme.

The Copyright-Innovation Trade-Off

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Copyright-Innovation Trade-Off by : Dotan Oliar

Download or read book The Copyright-Innovation Trade-Off written by Dotan Oliar and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the law secure to copyright owners control over new technological uses of their works? Or should the law leave technological innovators free to explore and exploit such uses? The greater control afforded to copyright owners, the greater the incentive to produce content, but also the greater the disincentive to produce better technologies to enjoy it. This Article studies the degree to which protecting copyright owners or technological innovators by property rules or liability rules over new technological uses of content would drive members of each group to invest desirably in their respective creations and in reducing the interference between their activities. The Article offers three major contributions: (1) it assesses the degree to which different entitlements promote authorship and innovation as well as investments to minimize the interference between them, (2) it shows that a property rule in technological innovators might drive them to harm copyright owners intentionally, and (3) it suggests a way of modifying legal entitlements that can improve copyright owners and innovators' incentives to invest.

Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era

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Author :
Publisher : Springer
ISBN 13 : 3662435179
Total Pages : 247 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era by : Jerry Jie Hua

Download or read book Toward A More Balanced Approach: Rethinking and Readjusting Copyright Systems in the Digital Network Era written by Jerry Jie Hua and published by Springer. This book was released on 2014-07-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on comparative research concerning both international conventions and laws, regulations, policies and cases from different jurisdictions, this book puts forward proposals for recovering the balance of interests between copyright holders, technological intermediaries and public users with regard to the access to, distribution and exploitation of copyright works. Four specific issues are discussed in detail: · an anti-circumvention rule for protection of technological measures that control access to copyright material; · indirect infringing liability for internet service providers and safe harbor regulations, which influence the dissemination of copyright works; · copyright limitations and exceptions especially under the digital network environment, which are relevant to the extent that users are allowed to exploit copyright works; · digital commons projects that promote the distribution and adaptation of copyright works placed under voluntary license schemes, which are relevant to the tolerance and encouragement of remix culture.

Software and Internet Law

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Publisher : Aspen Publishing
ISBN 13 : 145485989X
Total Pages : 1724 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Software and Internet Law by : Mark A. Lemley

Download or read book Software and Internet Law written by Mark A. Lemley and published by Aspen Publishing. This book was released on 2014-12-09 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the first casebooks in the field, Software and Internet Law presents clear and incisive writing, milestone cases and legislation, and questions and problems that reflect the authors' extensive knowledge and classroom experience. Technical terms are defined in context to make the text accessible for students and professors with minimal background in technology, the software industry, or the Internet. Always ahead of the curve, the Fourth Edition adds coverage and commentary on developing law, such as the Digital Millennium Copyright Act's Safe Harbor, the Electronic Communications Privacy Act, and the Stored Communications Act. Hard-wired features of Software and Internet Law include: consistent focus on how lawyers service the software industry and the Internet broad coverage of all aspects of U.S. software and internet law;with a focus on intellectual property, licensing, and cyberlaw The Fourth Edition responds to this fast-changing field with coverage of : the Digital Millennium Copyright Act's Safe Harbor the Electronic Communications Privacy Act the Stored Communications Act Hot News; Misappropriation Civil Uses of the Computer Fraud and Abuse Act