Secondary Copyright Liability in an Age of Technological Innovation PDF Download
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Author: Changhwa Kim
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 400
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Author: Changhwa Kim
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 400
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Author: Peter S. Menell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: J.w Penney
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 22
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Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278953
Category : Technology & Engineering
Languages : en
Pages : 103
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Book Description
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.
Author: Stephanie Berg
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages : 70
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Author: Jacqueline Lipton
Publisher: Edward Elgar Publishing
ISBN: 1781002185
Category : Law
Languages : en
Pages : 173
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Book Description
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
Author: Melville B. Nimmer
Publisher:
ISBN:
Category : Copyright
Languages : en
Pages :
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Author: Susy Frankel
Publisher: Cambridge University Press
ISBN: 1316061671
Category : Law
Languages : en
Pages : 341
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Book Description
The digital age has prompted new questions about the role and function of copyright. Internationally, copyright has progressively increased its scope of protection over new technology and modes of distribution. Yet many copyright owners express dissatisfaction and consider that the system is not working for them. Many users of copyright material, and even some owners, consider that copyright gives too much protection and that copyright owners want too much. This book considers how copyright might evolve in the twenty-first century and how it might reach equilibrium between authors, owners, users and those who connect them.
Author: Dana Beldiman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Digital technology and the Internet have profoundly changed the manner in which copyrighted content can be distributed. Copyright owners, who in the pre-digital age controlled the market, were faced with the spectrum of uncontrolled dissemination of copyrighted content on the Internet. This threat prompted them to introduce massive legal and technological protection measures to secure their position in the digital environment. These measures, in turn, disturbed the balance of interests built into copyright law and impacted other stakeholders, in particular, the computer technology industry and the public at large. This chapter examines the main legal and technological measures devised to contain unauthorized dissemination of copyrighted content on the Internet, and the impact of these measures on each of the stakeholders in the digital copyright debate. It concludes by discussing possible future scenarios for distribution and consumption of digital content. Part I of this chapter describes the legal and technological measures currently available for protection of digital content. These measures are conceptualized in the form of a three-tier structure, in which traditional copyright law forms the first tier, technological protection measures the second, and digital age legislation to reinforce the technological protections, the third. The first tier, grants creators limited exclusive rights to their works. Its broader objective is to ensure future contributions to the collective store of knowledge by virtue of such creations. Traditional copyright law works well in a controlled market and territorial setting. It is not equipped to protect content in a global digital environment. Digital technology and the Internet brought with them the ability to make unlimited copies and, as a result, rightsholders were unable to control the unauthorized dissemination of content via the Internet. In response to this new environment, rightsholders developed a second tier of protection - technological measures designed to control access to and use of copyrighted content. It soon became apparent, however, that these new protection methods were easily circumventable. A third protection tier followed, in the form of legal reinforcement of the technological protection layer. The international community agreed to address the problems of the digital age, specifically circumvention of technological measures in the WIPO Treaties. The expectation underlying these treaties was that unlawful distribution of digital works on the Internet would be contained once all member countries had enacted anti-circumvention laws into their national legislations. Part II of this chapter examines the impact of the three-tier structure and its impact on each of the stakeholders in the digital content debate. The rightsholders. The availability of DRM operates a fundamental change of paradigm for rightsholders, marked by new ways of presenting content, new tools for distribution and consumption and new markets. However, the new technology also makes unauthorized dissemination of content hard to contain. The content industry suffers huge losses as a result of piracy. Intensive enforcement actions under digital age legislation and other laws, have met with mixed results: although the rightsholders have in general prevailed, the unauthorized dissemination has migrated to forms less easy to enforce. The public is one of the prime beneficiaries of the vast amounts of information and cultural products digital technology and a networked society have made available. However, the three-tier protection measures jeopardize the structure of limitations and exceptions built into traditional copyright law for the benefit of the public. The result is that consumption options such as browsing, re-using, quoting, sharing, time shifting, space shifting, etc are disappearing and fundamental rights, such as the rights to information and expression, risk being invaded. The information technology industry provides both the channels for distribution of digital content and the means for controlling them. To maintain the market for copyrighted digital products, the content industry needs to acquire control over both. The content industry has sought to gain control over newly developed technologies, by various legal means, including enactment of the DMCA's anti-trafficking provisions, litigation against technology providers utilizing theories of secondary liability for infringement and legislative proposals. The chapter concludes by discussing two categories of future scenarios of the digital content debate. The first category builds on existing building blocks and is based on the assumption that developments will occur naturally without passage of additional legislation. These scenarios include DRM based models, which favor rightsholders; and the collaborative model, which favors the public. Some of the scenarios which require the passage of legislation, are the Levy Model, Increased Deterrent by Stronger Copyright Laws and The Public Utility Model.
Author: J. Benjamin Bai Et Al.
Publisher: Northwestern JTIP
ISBN: 1257747843
Category :
Languages : en
Pages : 167
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Book Description
