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Author: Jessica Litman Publisher: Prometheus Books ISBN: 161592051X Category : Law Languages : en Pages : 216
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: Jessica Litman Publisher: Prometheus Books ISBN: 161592051X Category : Law Languages : en Pages : 216
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: National Research Council Publisher: National Academies Press ISBN: 0309278953 Category : Technology & Engineering Languages : en Pages : 103
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: Christina Angelopoulos Publisher: Kluwer Law International B.V. ISBN: 9041168419 Category : Law Languages : en Pages : 529
Book Description
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.
Author: Lillian Goleniewski Publisher: Pearson Education ISBN: 0132702312 Category : Computers Languages : en Pages : 1229
Book Description
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
Author: Jerry Jie Hua Publisher: Springer ISBN: 3662435179 Category : Law Languages : en Pages : 247
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: Zohar Efroni Publisher: ISBN: 0199734070 Category : Language Arts & Disciplines Languages : en Pages : 633
Book Description
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.
Author: Mark A. Lemley Publisher: Aspen Publishing ISBN: 145485989X Category : Law Languages : en Pages : 1724
Book Description
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
Author: Alain Strowel Publisher: Edward Elgar Publishing ISBN: 1848449445 Category : Law Languages : en Pages : 341
Book Description
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.
Author: Martin Husovec Publisher: Cambridge University Press ISBN: 1108415067 Category : Law Languages : en Pages : 296
Book Description
This book explores an emerging type of intellectual property remedy - an injunction that can compel innocent third parties to provide enforcement assistance.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279387 Category : Law Languages : en Pages : 336
Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting. This June 2012 issue of the Stanford Law Review (the last for the academic year) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for the issue include: "Beyond DOMA: Choice of State Law in Federal Statutes" William Baude "Does Shareholder Proxy Access Damage Share Value in Small Publicly Traded Companies?" Thomas Stratmann & J.W. Verret Book Review, "Infringement Conflation" Peter S. Menell Note, "Pinching the President's Prosecutorial Prerogative: Can Congress Use Its Purse Power to Block Khalid Sheikh Mohammed’s Transfer to the United States?" Nicolas L. Martinez Note, "The American Jury: Can Noncitizens Still Be Excluded?" Amy R. Motomura In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted for ereaders.
Author: Jessica Litman
Author: Jessica Litman
Author: National Research Council
Author: Christina Angelopoulos
Author: Lillian Goleniewski
Author: Jerry Jie Hua
Author: Zohar Efroni
Author: Mark A. Lemley
Author: Alain Strowel
Author: Martin Husovec
Author: Stanford Law Review