22 results on '"*FAIR use (Copyright)"'
Search Results
2. Legally Speaking: Apple’s Challenge to Virtualization Software.
- Author
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Samuelson, Pamela
- Subjects
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VIRTUAL machine systems , *FAIR use (Copyright) , *SOFTWARE license agreements , *COMPUTER security - Abstract
The article examines a 2020 verdict for the Corellium company in the Apple computer company's copyright infringement claim concerning Corellium's iOS virtualization software CORSEC. Corellium's claims of transformative fair use are evaluated along with the software licensing process and the alleged utility of third party computer security research.
- Published
- 2022
- Full Text
- View/download PDF
3. Text and Data Mining of In-Copyright Works: Is It Legal? How copyright law might be an impediment to text and data mining research.
- Author
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Samuelson, Pamela
- Subjects
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COPYRIGHT , *DATA mining , *FAIR use (Copyright) - Abstract
The article discusses the legality of test and data mining (TDM) of in-copyright works. It examines the concept of fair use, the decisions in U.S. appellate court decisions in the Google Book Search Project (GBS) cases Authors Guild v. Google and Authors Guild v. HathiTrust, and the TDM exception in Japan.
- Published
- 2021
- Full Text
- View/download PDF
4. Reimplementing Software Interfaces Is Fair Use: A multifactored rationale for denying Oracle's claim against Google.
- Author
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Samuelson, Pamela
- Subjects
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COMPUTER interfaces software , *FAIR use (Copyright) , *ACCEPTABLE use policies (Computers) - Abstract
The article discusses the U.S. Supreme Court's decision in the case Google Inc. v. Oracle America, Inc. concerning fair use, software interfaces, and reimplementations.
- Published
- 2021
- Full Text
- View/download PDF
5. Who Owns the Social Web?
- Author
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MARSHALL, CATHERINE C. and SHIPMAN, FRANK M.
- Subjects
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INTELLECTUAL property , *INTERNET users , *SOCIAL media , *FAIR use (Copyright) , *INTERNET publishing , *SOCIAL norms , *LAW - Abstract
The article examines legal issues regarding online user-contributed content such as photographs and videos. Particular attention is given to intellectual property law and social norms related to content ownership. Other topics covered include managing rights, social media, and fair use laws.
- Published
- 2017
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6. Fair Use Prevails in Oracle v. Google.
- Author
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Samuelson, Pamela
- Subjects
- *
COPYRIGHT lawsuits , *APPLICATION program interfaces , *FAIR use (Copyright) , *ACTIONS & defenses (Law) - Abstract
The author discusses reasons why the computer software firm Oracle could lose its appeal to a jury's May 2016 rejection of its claim that the technology company Google infringed on its copyrights by using 37 packages of its Java application program interface (API) to develop the Android platform for smartphones. Topics include the U.S. fair-use defense, distinctions between Oracle's Java language and the Java API declarations, and Oracle's development of the Java API for a different computing environment.
- Published
- 2016
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- View/download PDF
7. How to Achieve (Some) Balance in Anti-Circumvention Laws.
- Author
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Samuelson, Pamela, Reichman, Jerome H., and Dinwoodie, Graeme
- Subjects
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ELECTRONIC information resources , *COMPUTER software development , *COPYRIGHT piracy software , *GOVERNMENT policy , *FAIR use (Copyright) - Abstract
In this article the authors discuss copyright, fair use, and software development. The authors offer their views on the World Intellectual Property Organization Copyright Treaty (WCT) and the Digital Millennium Copyright Act (DMCA) of 1998. The authors believe that the U.S. Congress failed to achieve a balance of interests (for producers and consumers) when they established new rules forbidding circumvention of technical protection measures (TPMs) used by copyright owners.
- Published
- 2008
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8. FAIR USE BY DESIGN IN THE EUROPEAN COPYRIGHT DIRECTIVE OF 2001.
- Author
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Dusollier, Séverine
- Subjects
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FAIR use (Copyright) , *COPYRIGHT infringement , *PIRACY (Copyright) , *COMMUNICATION & technology , *INFORMATION technology - Abstract
This article focuses on provisions in the European copyright directive of 2001 for fair use by design. Embedding fair use and other copyright exceptions in the contractual and technical models of the distribution of digital works might seem a perfect yet flexible solution for the problem of digital piracy. Such a principle of fair use by design was adopted by the European Union in 2001. Its Directive suggests that the accommodation of exceptions will result from a specific or revised design of the technical measures protecting copyrighted works or from contractual or business models integrating the legitimate demands of users. It is based on the broad freedom and encouragement given by European copyright law to rights holders to devise their own business models. The Directive renders them undeniably stronger in any contractual negotiations they engage in with users. Moreover, they are in charge of designing the technological measures governing the distribution and enjoyment of their works.
- Published
- 2003
- Full Text
- View/download PDF
9. A SKEPTICAL VIEW OF DRM AND FAIR USE.
- Author
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Felten, Edward W.
- Subjects
- *
FAIR use (Copyright) , *TECHNOLOGY & law , *MUSIC & technology , *COPYRIGHT infringement , *COPYRIGHT - Abstract
Digital rights management (DRM) technologies allow users to view and manage content in a controlled fashion; for example, a DRM system may allow a piece of recorded music to be played but not copied. All of the various types of DRM systems operate by restraining a work with some kind of technological lockbox; the work might, for example, be protected by encryption. Any use of the work requires the participation of some special hardware or software acting as a gatekeeper to determine which uses proceed and which are blocked. This gatekeeper mechanism can implement any policy it likes for determining which accesses to allow. Fair use is one of the starkest examples of the mismatch between what the law requires and what technology can do. Accurate, technological enforcement of the law of fair use is far beyond today's state of the art and may well remain so permanently. Technology will not obviate the need for legal enforcement of the copyright rights of both copyright owners and users.
- Published
- 2003
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10. FAIR USE, DRM, AND TRUSTED COMPUTING.
- Author
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Erickson, John S.
- Subjects
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FAIR use (Copyright) , *COPYRIGHT infringement , *COMMUNICATION & technology , *INFORMATION technology , *PIRACY (Copyright) , *COPYRIGHT - Abstract
This article focuses on the issues of fair use of technology, role of digital rights management (DRM) and trusted computing. DRM includes a range of technologies that give parties varying degrees of control over how digital content and services may be used, including by whom and under what conditions. DRM systems may implement a combination of embedded and external policy models; for example, when certain default or generic policies are attached to the deployed resource, a recipient may supplement them through a separate transaction. A generalized DRM system can grant usage rights based on originator-controlled policies. Since this model describes most commercially viable DRM solutions (the DRM reference model), it assumes the availability of standardized or proprietary infrastructure for identification, metadata, authentication, and cryptography. The model's process flow covers nine steps. Most early DRM systems were characterized by a simple passing of content to the rendering application following its decryption by the DRM client, with no authentication of the receiving application or benefit of protected execution.
- Published
- 2003
- Full Text
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11. DIGITAL RIGHTS MANAGEMENT AND FAIR USE BY DESIGN.
- Author
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Mulligan, Deirdre K.
- Subjects
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COPYRIGHT , *COPYRIGHT infringement , *FAIR use (Copyright) , *COMPUTER security , *DATA protection - Abstract
This article focuses on the problem of copyright protection faced by technological firms in the U.S. Technology firms have been taken to task by policymakers for their inability to enforce rules about access to controversial information, their intentional and inadvertent capture of information about individuals' consumption of goods and services, and their inability to readily identify individual Internet users. Legislatures, courts, and public advocates have each at times pressured technology firms to develop their products in ways that generate specific practical outcomes. The U.S. Copyright Act of 1976 provides a framework allowing rights to flow from several sources: the owner of the object (or copyright holder), a third party (including the government), and the user. While copyright holders are given a set of exclusive rights, these rights are subject to exceptions. Due to widespread copying of copyrighted material on the Net, often through peer-to-peer exchanges, copyright owners are increasingly pressuring technology firms to build digital rights management into their systems.
- Published
- 2003
12. Copyright's Fair Use Doctrine and Digital Data.
- Author
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Samuelson, Pamela
- Subjects
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DIGITAL electronics , *FAIR use (Copyright) , *GOVERNMENT policy - Abstract
Discusses application of the copyright law's fair use doctrine to works in digital form other than computer programs. Fair use doctrine and case law; Permissible uses; Unfair uses and grey areas; Grey areas arising from digital plasticity; Digital editing and transformation tools; Scientific visualization tools; Information filtering systems; Hypertext linking; Fair use and copyright collectives.
- Published
- 1994
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13. Computer Programs and Copyright's Fair Use Doctrine.
- Subjects
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COPYRIGHT infringement , *FAIR use (Copyright) , *COPYRIGHT of software , *COPYRIGHT of electronic data , *COMMERCIAL law , *COMPUTER software industry - Abstract
Copyright law always aims to achieve a balancing of interests of authors, publishers, and the public. The fair use doctrine is an important process in the U.S. that gives the public rights to copy from protected works. The present article introduces readers to the concept of the fair use doctrine, explains the major precedents of copyright issues, and gives readers a sense of the calculus the courts employ so that they'll be able to judge what the law is likely to regard as fair or unfair in various situations. While there has surely been a good deal more unauthorized copying of software than comports with the law of copyright or with good ethics, the industry's best hope for reduction in the extent of illicit copying would seem to lie in cultivation of a stronger ethical climate about copying of software through educational efforts. Members of the computing community have an obvious interest in the health and prosperity of the software industry and are in a good position to contribute to good ethical practices regarding the copying of computer programs.
- Published
- 1993
- Full Text
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14. The Never-Ending Struggle for Balance.
- Author
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Samuelson, Pamela
- Subjects
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INTELLECTUAL property , *COPYRIGHT , *FAIR use (Copyright) , *DATABASES , *CYBERSPACE - Abstract
The article emphasizes on desirability of balance in intellectual property law. Struggle for balance in the law is never ending. Even after one important battle for balance has been successfully won, there is almost no time for celebration because the next set of battles is often already underway. In December, 1996 World Intellectual Property Organization (WIPO) hosted a three week diplomatic conference to consider three draft treaties: one on copyright issues, one on legal protection for sound recordings, and one legal protection for the contents of databases. It is heartening the WIPO Copyright Treaty preserves fair use and other balancing principles of traditional copyright law. Battle for balance in laws affecting intellectual property rights in the digital environment is far from over. There are three principal developments to watch for: Renewed proposals to grant intellectual property rights in the content of databases; Legislation outlawing technologies that can be used for infringing purposes; and Draft commercial law rules that provide far less protection to consumers of information in shrinkwrapped packages or cyberspace marketplaces than traditional laws have done.
- Published
- 1997
- Full Text
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15. Mass Digitization as Fair Use.
- Author
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Samuelson, Pamela
- Subjects
- *
FAIR use (Copyright) , *COPYRIGHT lawsuits , *COPYRIGHT infringement , *DIGITIZATION of manuscripts , *DIGITIZATION laws , *INTERNATIONAL copyright , *ACTIONS & defenses (Law) - Abstract
The author discusses the fair use policy on the use of copyrighted material in the U.S. as of March 2014, with a focus on the possible implications of the Authors Guild nonprofit author's group's copyright infringement lawsuit brought against the Google Book Search (GBS) project by Internet services and products company Google. Topics include Judge Denny Chin's ruling that Google was fair and non-infringing in its use of in-copyright books, U.S. and international copyright laws, and the mass digitization of projects for U.S. archives and libraries.
- Published
- 2014
- Full Text
- View/download PDF
16. Copyright Revision Legislation.
- Author
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Titus, James P.
- Subjects
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COPYRIGHT infringement , *ROYALTIES (Copyright) , *LEGISLATIVE bills , *INFORMATION retrieval , *FAIR use (Copyright) , *COMPUTER industry , *INTANGIBLE property , *INFORMATION science , *INTELLECTUAL property - Abstract
The article focuses on the legislation for copyright revision. It is noted that the use of computer techniques will be effected as the computer usage is omitted from fair means list. Certain transmission of copyright material without royalty payment is discussed as damaging to educational institutions. It is reported that the practical effects of a bill could prevent computer usage in classrooms by students. Inclusion of computer-researchers in bill's fair use list is discussed. Computer manufacturers' request for free input of copyrighted material for information retrieval is reported.
- Published
- 1967
- Full Text
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17. Fair Use in Europe.
- Author
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Hugenholtz, P. Bernt
- Subjects
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COPYRIGHT , *EUROPEAN Union law , *TECHNOLOGICAL innovations , *SOCIAL norms , *LEGISLATION , *FAIR use (Copyright) , *SEARCH engines , *USER-generated content , *LAW - Abstract
The author looks at copyright law in the European Union and how it addresses technological innovations. He states the dispute over copyright has increased due to a gap between the laws and social norms influenced by technology. In addition, he cites the long lawmaking process and lack of flexibility in copyright laws in EU member states as adding to the debate. EU policies towards fair use and search engines, as well as user-generated content, are also examined and compared to similar laws in the United States.
- Published
- 2013
- Full Text
- View/download PDF
18. Law and Technology Remix Nation.
- Author
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Tushnet, Rebecca
- Subjects
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FAIR use (Copyright) , *COPYRIGHT infringement , *COPYRIGHT , *COPYRIGHT licenses ,UNITED States. Digital Millennium Copyright Act - Abstract
The article discusses conflicts between the anti-circumvention provisions of the U.S. Digital Millennium Copyright Act (DMCA) and the legal principle of fair use. A case is cited in which a woman was jailed for filming her sister’s birthday party, because the party included a trip to a movie theater, where camcorder use is illegal.
- Published
- 2011
- Full Text
- View/download PDF
19. The Dead Souls of the Google Book Search Settlement.
- Author
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Samuelson, Pamela
- Subjects
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FAIR use (Copyright) , *ACTIONS & defenses (Law) , *COPYRIGHT of electronic data - Abstract
In this article the author discusses the potential impact of the Google Book Search settlement agreement on the book industry. More than seven million books have been scanned by Google to be used for its Book Search initiative, the author states, with the digitized contents of the books processed and indexed as well. Also discussed is a lawsuit filed by the Authors Guild against Google.
- Published
- 2009
- Full Text
- View/download PDF
20. ENCOURAGING RECOGNITION OF FAIR USES IN DRM SYSTEMS.
- Author
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Fox, Barbara L. and LaMacchia, Brian A.
- Subjects
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FAIR use (Copyright) , *COPYRIGHT infringement , *COPYRIGHT , *DATA protection , *COMMUNICATION & technology - Abstract
Current digital rights management (DRM) systems take a very limited view of the set of rights they need to manage. Only actions explicitly authorized by content owners or their delegate(s) are allowed, and the only "rights" are those explicitly granted by them and presented to the DRM system. Most DRM systems do not even acknowledge the possible existence of rights other than the content owner's, to license a particular work. The two open issues in establishing a safe harbor are: how to create machine-interpretable expressions that adequately model a set (or subset) of fair use rights; and how to get the stakeholders (content own ers, DRM system builders, and Congress, as the rep- resentative of the people's interest in the social bargain of copyright) to work together on defining the boundaries of a subset of fair use rights that would be safe to implement. To the extent that fair use rights can be encoded as generalized grants from the U.S. Congress that always exist in the evaluation space of a DRM system's policy evaluator, they can always be considered when determining whether a particular action is allowed. However, it seems fairly certain that no one can mathematically model fair use, as it is understood today, because art the legal definition of fair use is fuzzy and imprecise.
- Published
- 2003
- Full Text
- View/download PDF
21. To DVD or Not to DVD.
- Author
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Simons, Barbara
- Subjects
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INTELLECTUAL property , *FAIR use (Copyright) , *COPYRIGHT , *ELECTRONIC publications , *PRESS law - Abstract
This article presents views of the president of the periodical "Communications of the ACM," published in the May 2000 issue of the periodical, which focuses on the ongoing dispute in the field of intellectual property rights related to the issue of software copies of movies, literary and engineering publications in the form of digital videodiscs (DVDs) in the U.S. The dispute pits intellectual property owners against such diverse groups as programmers opposing restrictions on reverse engineering and the publication of computer code and librarians opposing new restrictions on copyright rights of first sale and fair use. The author presents some legal cases as a result of these disputes and the also focuses on associated laws and legislation such as the Digital Millennium Copyright Act passed in 1998. He describes the anti-infringement components of this Act. Some new applications and media have also been described which are being used for illegally copying even protected data and information.
- Published
- 2000
- Full Text
- View/download PDF
22. DRM and Public Policy.
- Author
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Felten, Edward W.
- Subjects
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DIGITAL communications , *POLITICAL planning , *ECONOMIC competition , *FAIR use (Copyright) , *COPYRIGHT infringement , *QUALITY control - Abstract
In this article, the author proposes six principles that should underlie sensible public policy regarding Digital rights management (DRM). Public policy should enable a variety of DRM approaches and systems to emerge, should allow and facilitate competition between them, and should encourage interoperability among them. In a market economy, competition balances the interests of producers and consumers. The market, and not government or industry cartels, should decide whether and how DRM will be used. Government should not short-circuit competition by mandating use of DRM, or by allowing industry groups to use DRM standardization as a pretext for reducing competition. Since lawful use, including fair use, of copyrighted works is in the public interest, a user wishing to make lawful use of copyrighted material should not be prevented from doing so by any DRM system. DRM systems should be seen as a tool for reinforcing existing legal constraints on behavior, not as a tool for creating new legal constraints. Traditionally, copyright has reflected careful public-policy choices that balance competing rights and interests. DRM should shore up this balance, not override it. DRM can reinforce legal rights, but it mast neither create nor abridge them; that is the province of policymakers.
- Published
- 2005
- Full Text
- View/download PDF
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