Anti-circumvention of Technological Measures Legislation PDF Download
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Author: Ling Jin (LLM.)
Publisher:
ISBN:
Category : Computers
Languages : en
Pages : 244
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Author: Ling Jin (LLM.)
Publisher:
ISBN:
Category : Computers
Languages : en
Pages : 244
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Book Description
Author: Jerry Jie Hua
Publisher: Springer
ISBN: 3662435179
Category : Law
Languages : en
Pages : 247
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Book Description
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.
Author: Natanya Garcia
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 264
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Book Description
Author: Hugh C. Hansen
Publisher: Edward Elgar Publishing
ISBN: 1845429958
Category : Law
Languages : en
Pages : 225
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Book Description
US Intellectual Property Law and Policy provides a selection of well-written essays critically examining the direction of US IP law. Simon Teng, Journal of Intellectual Property Law and Practice . . . an interesting, informative, and enjoyable book. It may be of special interest to Australian students, scholars and practitioners seeking to undertake comparative analysis between Australian and US IP law, particularly in view of the recent Free Trade Agreement. Louise Buckingham, Copyright Reporter The challenging and insightful essays in US Intellectual Property Law and Policy, a compilation by six of the best, if not the best, professors of intellectual property law in the United States . John A. Tessensohn, European Intellectual Property Review This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309167086
Category : Science
Languages : en
Pages : 238
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Book Description
This symposium brought together leading experts and managers from the public and private sectors who are involved in the creation, dissemination, and use of scientific and technical data and information (STI) to: (1) describe and discuss the role and the benefits and costsâ€"both economic and otherâ€"of the public domain in STI in the research and education context, (2) to identify and analyze the legal, economic, and technological pressures on the public domain in STI in research and education, (3) describe and discuss existing and proposed approaches to preserving the public domain in STI in the United States, and (4) identify issues that may require further analysis.
Author: Eberhard Becker
Publisher: Springer
ISBN: 3540450386
Category : Computers
Languages : en
Pages : 815
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Book Description
Digital Rights Management (DRM) is a topic of interest to a wide range of people from various backgrounds: engineers and technicians, legal academics and lawyers, economists and business practitioners. The two conferences on the issue held in 2000 and 2002 in Berlin, Germany, brought these people together for fruitful discussions. This book continues this process by providing insights into the three main areas that DRM in?uences and that DRM is influenced by: technology, economics, and law and politics. Looking at the first results of the two conferences we would like to emphasize three aspects. Firstly, DRM is a fairly young topic with many issues still - resolved. Secondly, there is still an acute lack of objective information about DRM and the consequences of using (or not using) DRM in our Information Society. And, finally, only open discussions amongst all the interested parties and people from different scientific and practical backgrounds can help to create a foundation on which DRM can actually become useful.
Author: Jessica Litman
Publisher: Prometheus Books
ISBN: 161592051X
Category : Law
Languages : en
Pages : 216
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Book Description
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.
Author: Arthur H. Neill
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
New Media Rights filed comments with the Copyright Office supporting four specific exemptions to the Digital Millennium Copyright Act's anti-circumvention provisions that will protect both internet users and creators' rights under fair use. Exemptions are argued every 3 years, and ensure that accessing copyrighted material for purposes of fair use don't needlessly violate federal law. Similar to our 2009 and 2012 comments to the Copyright Office, these comments offer direct evidence supporting the right of internet users and video creators to circumvent technological protection measures to a) allow individuals to take control of the apps and services they use on their mobile devices, and b) allow creators, internet users, and filmmakers to reuse video content for fair use purposes. Thanks to our legal intern California Western School of Law 2L Pat McManus for his assistance in preparing these comments. What's new or different in these comments? Our 2015 comments also argue that these exemptions should be extended to include additional devices and technologies. We argue that jailbreaking should apply to tablets just as it does to smartphones (as we did in 2012), and that bypassing anti-circumvention technology should include non-DVD sources, such as Blu-ray discs and online sources. Our 2015 comments on anti-circumvention also provide direct evidence of filmmakers that depend on the ability to bypass anti-circumvention technology. Broader problems with the 1201 process. In addition to supporting specific classes of exemptions with direct evidence from clients we serve, New Media Rights also encourages the Copyright Office to explore ways to ensure broader exemption of all otherwise lawful activities. One thing remains constant in the DMCA Anti-Circumvention exemption proceedings: an enormous output of time and energy by legal clinics, nonprofits, and others every three years in pursuit of broad range of worthy, but narrow exemptions. The commonality in the arguments made for the exemptions is that the circumvention should be exempted from violating federal law under the Anti-Circumvention provisions because the uses targeted are not otherwise unlawful. We maintain that an elegant way to improve the provisions, and allow otherwise lawful uses without requiring such a tremendous use of resources, is to simply exempt all uses that are otherwise lawful. Specifically, if a use is deemed a fair use, anti-circumvention should simply not be applicable to the use, and should not be available as a cause of action. NMR requests that the Copyright Office look systematically to find ways, either through regulation or proposed legislation, to provide broad exemptions to the anti-circumvention provisions that protect otherwise lawful uses of content such as uses made in fair use. An exemption or exception that allowed for circumvention of technological protection measures (TPMs) for any reuse that falls under fair use would be very efficient because there would be a stable rule of law that does not change every three years. Such a broader exemption would also provide certainty because people would know that they could circumvent TPMs for reuse as long as their reuse constituted fair use; those people would not have to determine if they were included in one of many narrow classes of exemptions. Video creators, for example, would know that circumvention of TPMs is legal as long as the resulting video falls under fair use. Video creators would not have to wait three years to determine whether certain activity is legal, and whether their particular use is the type excused by narrow exemptions. Instead, they would know what type of conduct is permitted, and permitted conduct would not be subject to change over time. As long as one circumvents TPMs for a noninfringing purpose, such as fair use, the circumvention should be legal. A broader exemption would ensure that anti-circumvention don't needlessly include people who have otherwise not violated the law. The Proposed Exemptions The proposed specific exemptions provide a safety valve for otherwise lawful behavior by consumers and creators. Specifically, NMR's comments relate to Proposed Classes 6, 7, 16, and 17 as requested by the Electronic Frontier Foundation and the International Documentary Association, respectively. Proposed Class 6: Allowing Documentary Filmmakers to Reuse Footage from Motion Pictures for Commercial Purposes. Proposed Class 6 would allow circumvention of encryption technology on DVDs and Blu-ray discs, as well as technology that shields content on online sources. This exemption is important so that documentary filmmakers can bypass anti-circumvention technology to access high quality content for fair use purposes. Our comment argues that these filmmakers should not be excluded from the exemption simply because they profit from their work. Our comment includes the stories of filmmakers who represent a wide array of social and cultural commentary that this exemption would protect. Proposed Class 7: Accessing videos to reuse footage from DVDs, Blu-ray discs, and online sources Proposed Class 7 would allow circumvention of encryption technology on DVDs and Blu-ray discs, as well as technology that shields content on online sources. This exemption is meant to allow creators, remixers, and vidders the ability to bypass DVD encryption technology to obtain high quality footage for the videos they create. The exemption only extends to creators who engage in fair use and thus allows those creators to defend themselves under fair use. Our comment includes the stories of creators who represent the wide array of social, political, and cultural commentary that this exemption would protect. Proposed Class 16: Jailbreaking of Smartphones Proposed Class 16 would renew the exemption for jailbreaking smartphones. Jailbreaking is essential to ensure competition and innovation. Jailbreaking also provides a safety valve to censorship by OS makers, wireless carriers, and device manufacturers who use their power to control what apps the public can access. Jailbreaking also allows consumers to customize their smartphones and address security and privacy concerns without having to wait for the OS maker to provide relief. Proposed Class 17: Jailbreaking of Tablets Proposed Class 17 would extend Class 16's exemption to tablets. As addressed above, Jailbreaking is useful to consumers, and ensures competition and innovation. Our comment focuses on the similarities between smartphones and tablets. We provide evidence that shows that smartphones and tablets are converging to the point where they are aesthetically and functionally indistinguishable. We therefore argue that due to the similarities between smartphones and tablets, the exemption should be extended to tablets as well as smartphones.
Author: Nicola Lucchi
Publisher: Springer Science & Business Media
ISBN: 3540365435
Category : Law
Languages : en
Pages : 180
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Book Description
The book provides a comparative and comprehensive analysis of the current technical, commercial and economical development in digital media describing the impact of new business and distribution models, the current legal and regulatory framework, social practices and consumer expectations associated with the use, distribution, and control of digital media products. In particular the author analyze the anti-circumvention provisions for technological protection measures and digital rights management systems enacted in the United States and in Europe.
Author: Li-Hua Luo
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 41
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Book Description
