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Canada's Internet Law in a Nutshell by Martin P. J. Kratz Pdf
"The internet provides the most effective means of communication known to man and so confronts organizations with tremendous opportunities and also considerable challenges. Providing a concise and well-referenced resource to many of key issues involved on the internet, Canada's Internet Law in a Nutshell explores the inherent tensions between freedom of expression and other values such as the protection of reputation, and commercial speech. The text also examines the tensions between the ease of copying of digital files and the concerns of copyright owners. The text covers many key legal issues confronting conduct occurring on the internet including a deeper focus on issues pertaining to matters such as copyright, privacy, defamation and internet marketing, trademark and domain names, electronic commerce, the Anti-Spam legislation, and introduces key issues concerning other topics such as social media and cloud computing."--Pub. desc.
Internet Intermediaries and Copyright Law by Stefan Kulk Pdf
All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.
I completed the original manuscript of Digital Copyright in 2000, two years after Congress enacted the Digital Millennium Copyright Act. The 1976 Copyright Act was itself 24 years old, and beginning to show its age. The Internet, in contrast, was still new and shiny and scary, especially for legacy entertainment and information businesses and the copyright lawyers who represented them.Seventeen years later, the Internet has become an essential feature of all of our lives and the copyright laws designed to tame it seem elderly and barnacle-encrusted. Remarkably, the legislative process that has made sensible copyright law reform all but impossible has stayed largely unchanged. Congress and the Copyright Office have recently launched what is billed as a comprehensive reexamination of copyright law with the goal of overhauling the law for the 21st century. It seems likely that these efforts will hew to the patterns of earlier copyright revision. Perhaps we stick with the tried and true approach to making copyright laws, even though it results in bad laws, because the process works so well for so many of the participants. Members of Congress can rely on affected industries to come up with broadly acceptable compromises, and to take on much of the burden of pressuring other interested groups to swallow them. Meanwhile, Senators and Representatives can continue to collect generous campaign contributions. The Copyright Office can be the center of attention as it plays a crucial role in managing the multilateral negotiations and interpreting their results to Congress. Copyright lobbyists and trade organizations can collect hefty fees from their members, in return for supplying them with laws that will give them competitive advantages against the next new thing, whatever it is. Because the laws that emerge from this process don't work very well, meanwhile, everyone can look forward to another round.Although the book is ancient in Internet time, people seem to have continued to read it. Now that it has finally gone out of print, I'm delighted to be able to make it more freely available under a Creative Commons license. In addition to the Afterword that I wrote for the 2006 paperback edition, I have included a postscript looking back briefly on what, if anything, we might have learned from the aftermath of the stories told in this book.Postscript is available at: 'https://ssrn.com/abstract=2968546' https://ssrn.com/abstract=2968546.
The Internet and the Emerging Importance of New Forms of Intellectual Property by Susy Frankel,Daniel Gervais Pdf
The term ‘intellectual property’ has come to include numerous intangible rights beyond the traditional ‘Big Three’ (patent, trademark and copyright) – rights that force us to reconsider and maybe also change the object and purpose of intellectual property (IP). Not only do these rights generally have less solid normative footing and few if any well understood inherent limits, but the borders of their misappropriation are hard to draw. This groundbreaking book scrutinizes the existence of commonalities in this realm, and poses the question of what risks and advantages accrue to such IP or ‘IP-like’ rights. Sixteen distinguished contributors offer in-depth analyses of such rights as the following: - trade secrets; - image and publicity rights; - geographical indications; - traditional knowledge; - protection of databases; and - sports rights and ambush marketing. Recommendations and solutions investigated include the use of specialized courts or judges and of private standards. There are also thoughtful considerations of practices such as forum-shifting and an analysis of the special value of evolving Chinese law as a ‘norm laboratory’. Two chapters discuss the complexities of enforcement. Enforcement impacts substantive intellectual property and can be said to be its own ‘form’ of IP. Practitioners, judges, academics, and policymakers will all welcome this work and value it highly. Its contributors collectively take a giant step toward clarifying and synthesizing one of the most baffling areas of current law both internationally and at national level around the globe.
In 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 publicised 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.
The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty. Internet and the Law: Technology, Society, and Compromises, Second Edition is the go-to source for anyone who needs clear explanations of complex legal concepts related to online practices and content. This wide-ranging, alphabetical reference explores diverse areas of law, including territorial jurisdiction and taxation, that are relevant to or affected by advances in information technology and the rise of the Internet. Particular emphasis is placed on intellectual property law and laws regarding freedom of expression. The Internet, as this book shows, raises questions not only about how to protect intellectual creations, but about what should be protected. Entries also discuss how the Web has brought First Amendment rights and free expression into question as society grapples with attempts to control "leaks" and to restrict content such as pornography, spam, defamation, and criminal speech.
This authoritative work describes the nature and growth of the law of the Internet and explains the legal obligations, opportunities, rights, and risks inherent in this complex medium.
The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.
Copyright Law, Digital Content and the Internet in the Asia-Pacific by Brian Fitzgerald,Fuping Gao,Damien O'Brien,Sampsung Xiaoxiang Shi Pdf
Copyright law, digital content and the Internet in the Asia-Pacific provides a unique insight into the key issues facing copyright law and digital content policy in a networked information world.
This unique area of the law calls for a comprehensive, in-depth casebook that can meet the challenge and this is it! to keep up with the constantly changing world of Internet Law, The authors of SOFTWARE AND INTERNET LAW have designed the Internet materials to serve as the nucleus of an Internet Law class. Along with the authors' companion website, this casebook offers complete coverage of all aspects of computer law including hardware, software, The Internet, and E-commerce. What makes this casebook such a necessity for your Software or Internet Law course? Offers a traditional casebook with a cases-and-notes pedagogy, paired with a website that features important and cutting-edge cases and articles Presents an invaluable combination of original text, significant cases, challenging problems, and exemplary questions mixed with the authors' insight based on their cumulative scholarship and classroom experience Illuminates the many roles of lawyers servicing the software industry and Internet such as: Drafting or negotiating agreements For The custom development of software Knowing how to protect a firm's overall intellectual capital in software Reviewing a website to ensure that no illegal content is posted there Litigating claims and settling disputes between their clients and other firms Integrates legal concepts from a variety of fields such as contract law, intellectual property, and antitrust law to promote dynamic thinking and problem solving in this fast-paced field Raises questions about the adequacy of existing laws for adapting To The challenges posed by computer software And The Internet Discusses innovative licensing agreements such as 'shrink-wrap licenses' for distributing mass-market information products Considers economic issues in computer law, especially those derived from 'network effects' in which the function of software or hardware depends upon pre-existing and patented software Allows professors to supplement the existing material with their own material or content from the authors' website to explore a topic in greater depth SOFTWARE AND INTERNET LAW features such hot topics as: Free speech Jurisdiction Electronic commerce Domain names Spam Security Internet regulation
Intellectual Property and the Internet by Neville Cordell Pdf
"The past 20 years have seen a revolution in the way that we live, socialise and do business around the globe. Borders and barriers have fallen, giving consumers of digital information unlimited sources of data. The Internet has created a universe of convenience for the consumer. Just as society evolves, so too must the law. The sharing of online content creates challenges for IP law, well beyond the scope of the pre-digital era. Content containing intellectual property can be shipped instantaneously around the world with the click of a mouse. We face a modern problem that our technological world accelerates at a rate that can leave our IP framework in the dust. We have seen these examples played out in the music and film industries, as well as in the electronic book publishing industry. We have also come to see that the enforcement of IP rights in cyberspace gives rise to unique cross-border enforcement issues. Edited by Neville Cordell, IP partner at international law firm Allen & Overy, this guide contains analysis and guidance on how IP laws are applied to the Internet in 19 major jurisdictions worldwide, including chapters from leading experts at Herbert Smith, Norton Rose, Clifford Chance, Quinn Emanuel and Kim & Chang. Chapters explore, on a comparative basis, the means of protection for a range of online content offered by copyright and database rights, trademarks and patents, considering issues such as infringement, liability, possible exemptions and remedies including disclosure orders against internet service providers. This exciting new title is essential reading for lawyers, in-house counsel, media and business professionals who must deal with the challenges of managing digital intellectual property and wish to understand how best to protect such works from infringement internationally"--Page [4] of cover.
CyberLaw provides a comprehensive guide to legal issues which have arisen as a result of the growth of the Internet and World Wide Web. As well as discussing each topic in detail, the book includes extensive coverage of the relevant cases and their implications for the future. The book covers a wide range of legal issues, including copyright and trademark issues, defamation, privacy, liability, electronic contracts, taxes, and ethics. A comprehensive history of the significant legal events is also included.
Internet Law and Regulation by Graham J. H. Smith Pdf
This book provides a clear and authoritative explanation of the law governing the internet, both in the UK and globally. It identifies legal questions likely to arise, explains how to deal with them, and addresses key areas of contention.
