Developments in India for laws that aim to provide protection for the application of digital rights management (DRM) technologies for [digital] media deserve more examination than assuming the need to adopt the World Intellectual Property Organization Copyright Treaty, or World Intellectual Property Organization Performances and Phonograms Treaty. Here we take a look at the Indian copyright environment, how it developed from early times, the current climate, and questions facing reformers. The proposed changes to the Indian Copyright Act and the Canadian Copyright Act are based on the same treaties, however, the respective legislatures have taken divergent approaches on how to implement the new protections in the digital age.
{"title":"Towards Legal Protection for Digital Rights Management in India: Necessity or Burden?","authors":"M. Perry","doi":"10.2139/SSRN.1647582","DOIUrl":"https://doi.org/10.2139/SSRN.1647582","url":null,"abstract":"Developments in India for laws that aim to provide protection for the application of digital rights management (DRM) technologies for [digital] media deserve more examination than assuming the need to adopt the World Intellectual Property Organization Copyright Treaty, or World Intellectual Property Organization Performances and Phonograms Treaty. Here we take a look at the Indian copyright environment, how it developed from early times, the current climate, and questions facing reformers. The proposed changes to the Indian Copyright Act and the Canadian Copyright Act are based on the same treaties, however, the respective legislatures have taken divergent approaches on how to implement the new protections in the digital age.","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128421841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This is a revised draft introduction to an extended study on copyright law. The draft introduction explains in brief the structure of the study and the main thesis it advances.
这是《著作权法扩展研究导言》的修改稿。导言稿简要说明了本研究的结构和提出的主要论点。
{"title":"Access-Right: An Inquiry into the Problem of Digital Copyright Law","authors":"Z. Efroni","doi":"10.2139/ssrn.1199122","DOIUrl":"https://doi.org/10.2139/ssrn.1199122","url":null,"abstract":"This is a revised draft introduction to an extended study on copyright law. The draft introduction explains in brief the structure of the study and the main thesis it advances.","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"2020 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131501771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
My research question is "how to fashion an appropriate legal solution to critical copyright problems created by the advent of P2P distribution technology in Hong Kong". My approach is to recommend revisions to copyright law in order to achieve a balance between various interests. The proposed legal solution will be designed to be implemented together with other non-legal solutions.To be specific, my research is to examine whether it is appropriate to hold P2P users criminally liable for P2P pirate usage, whether the copyright of Hong Kong should be amended to introduce a new legal liability for ISPs in the fight against Internet piracy, and if so, under what circumstances the liability of ISPs will arise.The theoretical framework of balance of interests will be the central theme of my research. Balance of interests is the underlying principle of the intellectual property law, especially in this digital environment. The main purpose of intellectual property laws is to strike a reasonable balance between authors' right to protect their works and the public interest in the free flow of information.As Associate Professor Li Yahong stated, P2P copyright infringement challenged balance of interests, a classic, eternal dilemma of copyright law. New copying technology is always disruptive to old copyright market where works are sold through well-established distribution mechanisms. As one of the copying technology innovations, P2P has broken the balance of interests which demands to be rebuilt immediately.My research will examine the balance of interests in three perspectives, the historical, market, and comparative institutional analysis, and then draw a conclusion that to what extent the legal solution should involve in solving this P2P crisis. Based on this conclusion, my research will compare the domestic legal system with others in foreign jurisdictions, in order to design a feasible legal solution to rebuild the broken balance of interests. P2P piracy is one of the greatest challenges faced by the copyright law today, and has been proven to be a true hydra for the entertainment industries, including recording, publishing, television, and motion picture industries. As every proposed solution has its own limitation, the outcome of my research will lead to a optimized combination of these solutions including a well-designed legal solution to rebuild balance of interests in P2P copyright crisis.One thing more significant is that the legal revisions in P2P solutions will serve as an important part of the new legal frame work of copyright protection in digital era. P2P technology is a good representative of the internet file-sharing technologies in the digital environment. With the fast technology development, more and more advanced file-sharing technologies will come out in a short time. The outcome of my research will not only provide solutions to P2P crisis, but also reform the copyright law to prevent future crises of up-coming file sharing innovatio
{"title":"Solutions to P2P Copyright Crisis in Hong Kong","authors":"Lin Xie","doi":"10.2139/ssrn.1358150","DOIUrl":"https://doi.org/10.2139/ssrn.1358150","url":null,"abstract":"My research question is \"how to fashion an appropriate legal solution to critical copyright problems created by the advent of P2P distribution technology in Hong Kong\". My approach is to recommend revisions to copyright law in order to achieve a balance between various interests. The proposed legal solution will be designed to be implemented together with other non-legal solutions.To be specific, my research is to examine whether it is appropriate to hold P2P users criminally liable for P2P pirate usage, whether the copyright of Hong Kong should be amended to introduce a new legal liability for ISPs in the fight against Internet piracy, and if so, under what circumstances the liability of ISPs will arise.The theoretical framework of balance of interests will be the central theme of my research. Balance of interests is the underlying principle of the intellectual property law, especially in this digital environment. The main purpose of intellectual property laws is to strike a reasonable balance between authors' right to protect their works and the public interest in the free flow of information.As Associate Professor Li Yahong stated, P2P copyright infringement challenged balance of interests, a classic, eternal dilemma of copyright law. New copying technology is always disruptive to old copyright market where works are sold through well-established distribution mechanisms. As one of the copying technology innovations, P2P has broken the balance of interests which demands to be rebuilt immediately.My research will examine the balance of interests in three perspectives, the historical, market, and comparative institutional analysis, and then draw a conclusion that to what extent the legal solution should involve in solving this P2P crisis. Based on this conclusion, my research will compare the domestic legal system with others in foreign jurisdictions, in order to design a feasible legal solution to rebuild the broken balance of interests. P2P piracy is one of the greatest challenges faced by the copyright law today, and has been proven to be a true hydra for the entertainment industries, including recording, publishing, television, and motion picture industries. As every proposed solution has its own limitation, the outcome of my research will lead to a optimized combination of these solutions including a well-designed legal solution to rebuild balance of interests in P2P copyright crisis.One thing more significant is that the legal revisions in P2P solutions will serve as an important part of the new legal frame work of copyright protection in digital era. P2P technology is a good representative of the internet file-sharing technologies in the digital environment. With the fast technology development, more and more advanced file-sharing technologies will come out in a short time. The outcome of my research will not only provide solutions to P2P crisis, but also reform the copyright law to prevent future crises of up-coming file sharing innovatio","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125718778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-09-01DOI: 10.1017/CBO9781139004145.020
N. Elkin-Koren
This paper analyzes the rise of private ordering as a dominant strategy for governing creative works in the digital environment. It explores the changing nature of private ordering in the Web 2.0 environment, where it is used for governing User-Generated Content (UGC). Private ordering is playing an ever greater role in governing the terms of access to creative works. Rightholders often use End-User License Agreements (EULA) to expand the scope of protection provided under copyright law, by limiting the rights of users under legal doctrines such as 'fair use' and 'first sale'. At the same time, private ordering has also been employed in recent years by Open Access initiatives, to promote access to creative works and facilitate interaction, exchange and sharing of creative materials. Governing access to (UGC) by private ordering raises a whole set of issues related to licensing through platforms, the interdependency of users and platforms, and the licensing by many to many. The changing creative landscape of the Web 2.0 expands the ethos of creativity, supplanting the proprietary exclusivity-based discourse with a new set of values: sharing, participation, and collaboration. Still, some private ordering strategies may reinforce proprietary notions, even unintentionally. Part I describes the rise of private ordering in the digital environment. Part II scrutinizes the arguments of proponents and opponents of private ordering for governing access to creative works. Part III describes the use of private ordering to govern access to UGC, analyzing the different nature of private ordering in this environment and the special consideration it raises. Part IV examines whether the ascendancy of UGC gives rise to different considerations related to private ordering.
{"title":"Governing Access to Users-Generated-Content: The Changing Nature of Private Ordering in Digital Networks","authors":"N. Elkin-Koren","doi":"10.1017/CBO9781139004145.020","DOIUrl":"https://doi.org/10.1017/CBO9781139004145.020","url":null,"abstract":"This paper analyzes the rise of private ordering as a dominant strategy for governing creative works in the digital environment. It explores the changing nature of private ordering in the Web 2.0 environment, where it is used for governing User-Generated Content (UGC). Private ordering is playing an ever greater role in governing the terms of access to creative works. Rightholders often use End-User License Agreements (EULA) to expand the scope of protection provided under copyright law, by limiting the rights of users under legal doctrines such as 'fair use' and 'first sale'. At the same time, private ordering has also been employed in recent years by Open Access initiatives, to promote access to creative works and facilitate interaction, exchange and sharing of creative materials. Governing access to (UGC) by private ordering raises a whole set of issues related to licensing through platforms, the interdependency of users and platforms, and the licensing by many to many. The changing creative landscape of the Web 2.0 expands the ethos of creativity, supplanting the proprietary exclusivity-based discourse with a new set of values: sharing, participation, and collaboration. Still, some private ordering strategies may reinforce proprietary notions, even unintentionally. Part I describes the rise of private ordering in the digital environment. Part II scrutinizes the arguments of proponents and opponents of private ordering for governing access to creative works. Part III describes the use of private ordering to govern access to UGC, analyzing the different nature of private ordering in this environment and the special consideration it raises. Part IV examines whether the ascendancy of UGC gives rise to different considerations related to private ordering.","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123036842","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Apple's dominating music downloading service iTunes Music Store has brought interoperability debate once again on the table. To be sure, Apple's music downloading service is just one example of a closed Digital Rights Management system controlled by a single company or organization in a given market. For example, the so-called copy protected CDs have typically had proprietary DRM systems meaning that the discs can be played only on record label-specific software players. Interoperability is also a matter of degree. In some cases interoperability information is available but only under restrictive and somewhat expensive licensing terms. This is for example the case of DVD format, where DVD Copy Control Association controls the necessary information to produce compatible DVD players. Arguably, proprietary DRM systems are in general problematic to both consumers and competitors. This article analyses DRM interoperability in the light of EU copyright, competition and consumer laws. First, it is asked why copyright directive lacks an explicit interoperability provision and to what extent the directive, however, may allow the development and marketing of compatible devices. Then, the interoperability provisions in the 1991 software directive and their applicability to DRM systems are discussed. The situation is briefly compared to the United States and the possibility of national copyright policies is mentioned following the French example. Second, the article considers EC competition law as a means to enforce interoperability in DRM systems. Analogies are drawn from existing case law. Third, the role of consumer protection regulation in the DRM interoperability debate is discussed following the lead of Scandinavian consumer protection authorities. In the end, the article discusses whether there is a need to recognize interoperability as a general principle in the EU intellectual property policy and what measures could be used to strengthen such policy. Competition policy approach is suggested to provide a formal legal doctrine that could be in the long term implemented in intellectual property laws. In the meantime, consumer protection law can be used as a transitional tool for opening up the most far-reaching DRM systems.
{"title":"DRM Interoperability and Intellectual Property Policy in Europe","authors":"M. Valimaki, V. Oksanen","doi":"10.2139/ssrn.1261643","DOIUrl":"https://doi.org/10.2139/ssrn.1261643","url":null,"abstract":"Apple's dominating music downloading service iTunes Music Store has brought interoperability debate once again on the table. To be sure, Apple's music downloading service is just one example of a closed Digital Rights Management system controlled by a single company or organization in a given market. For example, the so-called copy protected CDs have typically had proprietary DRM systems meaning that the discs can be played only on record label-specific software players. Interoperability is also a matter of degree. In some cases interoperability information is available but only under restrictive and somewhat expensive licensing terms. This is for example the case of DVD format, where DVD Copy Control Association controls the necessary information to produce compatible DVD players. Arguably, proprietary DRM systems are in general problematic to both consumers and competitors. This article analyses DRM interoperability in the light of EU copyright, competition and consumer laws. First, it is asked why copyright directive lacks an explicit interoperability provision and to what extent the directive, however, may allow the development and marketing of compatible devices. Then, the interoperability provisions in the 1991 software directive and their applicability to DRM systems are discussed. The situation is briefly compared to the United States and the possibility of national copyright policies is mentioned following the French example. Second, the article considers EC competition law as a means to enforce interoperability in DRM systems. Analogies are drawn from existing case law. Third, the role of consumer protection regulation in the DRM interoperability debate is discussed following the lead of Scandinavian consumer protection authorities. In the end, the article discusses whether there is a need to recognize interoperability as a general principle in the EU intellectual property policy and what measures could be used to strengthen such policy. Competition policy approach is suggested to provide a formal legal doctrine that could be in the long term implemented in intellectual property laws. In the meantime, consumer protection law can be used as a transitional tool for opening up the most far-reaching DRM systems.","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126358861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
What kind of textual evidence do courts now look at in light of the recent Grokster decision? What place does technical communication have in recent P2P court decisions? After examining the evidence courts have used from the Sony case to the Grokster case, the author argues that since texts generated and researched by technical communication have surfaced in P2P contexts as important evidentiary objects in court rulings (Napster, Aimster, Grokster), the field and its allies would do well to take notice. Using a lens of activity theory, the author argues that technical communication as a field can control its own future and ability to innovate by reseeing the texts that it creates, texts that are collected by courts as objects influencing determinations of the presence of intent to infringe (the current standard of liability in P2P contexts). With respect to legal liability, the best technical writing might be writing that stays invisible.
{"title":"Technical Writing Jumping the Wall: How Technical Documentation/Writing Can Affect the Court's Evaluation of Intent to Infringe in P2p Contexts","authors":"M. Rife","doi":"10.2139/SSRN.897083","DOIUrl":"https://doi.org/10.2139/SSRN.897083","url":null,"abstract":"What kind of textual evidence do courts now look at in light of the recent Grokster decision? What place does technical communication have in recent P2P court decisions? After examining the evidence courts have used from the Sony case to the Grokster case, the author argues that since texts generated and researched by technical communication have surfaced in P2P contexts as important evidentiary objects in court rulings (Napster, Aimster, Grokster), the field and its allies would do well to take notice. Using a lens of activity theory, the author argues that technical communication as a field can control its own future and ability to innovate by reseeing the texts that it creates, texts that are collected by courts as objects influencing determinations of the presence of intent to infringe (the current standard of liability in P2P contexts). With respect to legal liability, the best technical writing might be writing that stays invisible.","PeriodicalId":425688,"journal":{"name":"IRPN: Innovation & Copyright Law & Policy (Sub-Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124495572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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