I enclose details of our legal guide to intellectual property and the internet.
Cyberlaw: Intellectual Property in the Digital Millennium is the definitive guide to the revolution in copyright and other intellectual property law to accommodate the Internet!
For nearly three hundred years, copyright laws have targeted those who illegally copy protected works. Now, however, the legal framework also takes aim at those who defeat protective technologies. Cyberlaw: Intellectual Property in the Digital Millennium is the definitive guide to the revolution in copyright law brought about by the need to protect against piracy and unauthorized copying on the Internet. You’ll learn how and when courts continue to apply earlier statutes and case law and when the law is wide open to lawyers’ creative arguments.
This book explains the anti-circumvention and anti-trafficking rules of the Digital Millennium Copyright Act, the Act’s provisions for protecting copyright management information, and its attempts to reduce Internet service providers’ exposure to primary and secondary liability for copyright infringement. It parses the anti-trafficking rules and discusses in detail how several courts have failed to apply the rules correctly to complex technologies. It also explains how these rules derived from the emerging “federal common law” of copyright and how the still developing federal common law may make resort to these rules unnecessary.
Cyberlaw: Intellectual Property in the Digital Millennium explains how the common-law rules of secondary liability for copyright infringement, as affected by the Supreme Court’s Grokster decision; work in the context of the Internet, and how statutory overlays have complicated their operation. Finally, the book discusses the background and origins of, and the treaties underlying, the Digital Millennium Copyright Act, as well as the Act’s substantive provisions, including the special subpoena power, the special cause of action for fraud and their relationships to state and other federal law.
Cyberlaw: Intellectual Property in the Digital Millennium explores not only the rules, but also their intricate exceptions and the distinct civil causes of action and criminal sanctions for violating them. It clarifies the complex rules governing copy-control technologies, including the gray areas, and explores possible challenges to the law under the First Amendment, the Due Process Clause, and the Patent and Copyright Clause. Emerging case law in the field of copyright and Internet law is incorporated throughout.
This book is updated as needed, generally up to two times each year.
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Introduction: New Law for New Technology
- 1.01 “Cyberspace Law”: A Premature Baby?
- 1.02 The Digital Millennium Copyright Act: A New Departure
Legal Reinforcement of Technological Measures for Protecting Copyrighted Works: The Anti-Circumvention Rule and the Anti-Trafficking Rules
- 2.01 Introduction
- 2.02 Implementing the Two WIPO Treaties: Practical and Policy Risks
- 2.03 The Millennium Act’s Rules: Classification and Terminology
- 2.04 The Anti-Circumvention Rule
- 2.05 The Anti-Trafficking Rules
- 2.06 The Distinction Between Anti-Circumvention and Anti-Trafficking Rules
- 2.07 Section 1201 and Fair Use
- 2.08 Limitations and Exceptions: An Overview
- 2.09 Mandates for Specific Control Technologies
- 2.10 Constitutional Analysis
Exceptions to the Anti-Circumvention Rule and the Anti-Trafficking Rules
- 3.01 Introduction
- 3.02 Drafting of the Exceptions
- 3.03 Exceptions Addressing Non-copyright Policy Goals
- 3.04 Exceptions to Preserve Copyright Exemptions
Prohibitions Against Providing False Copyright Management Infomrationa and Removing or Altering Copyright Management Information
- 4.01 Introduction
- 4.02 What Copyright Management Information Is
- 4.03 The Copyright Management Information Offenses
- 4.04 State of Mind Requirements
- 4.05 Exceptions and Limitations
Civil Liability for Violations of the Anti-Circumvention, Anti-Trafficking, and Copyright Management Information Rules
- 5.01 Introduction
- 5.02 Standing to Claim Relief
- 5.03 Monetary Remedies
- 5.04 Nonmonetary Remedies
- 5.05 Criminal Sanctions
The Federal Common Law of Direct and Secondary Liability for Copyright Infringement
- 5A.01 Introduction: How the Federal Common Law Lives, and Why It Is Important
- 5A.02 Service Providers’ Direct Liability for Infringement on the Internet
- 5A.03 Service Providers’ Secondary Liability for Infringement on the Internet
Limitations on Liability for Service Providers
- 6.01 Introduction
- 6.02 Who and What Section 512 Covers
- 6.03 Activities and Operations Covered
- 6.04 How Section 512 Limits Remedies
- 6.05 Subpoenas to Identify Alleged Infringers
- 6.06 Special Rules for Nonprofit Educational Institutions
- 6.07 Other Aspects of Section 512
Research and Markets Ltd