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Abstract
Copyright protection is becoming more challenging by the day in the digital era. In line with its political policy, China has established a copyright regime with particular characteristics. While the public interest in access is highlighted, the public interest in authorship has also been imposed and taken further. It also provides for public, non-criminal enforcement - copyright administrative enforcement. Could the Chinese model possibly be a solution for effective copyright protection? This will be explored in the light of an up-to-date ...
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Abstract
10.1177/0163443709344251 ...
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Journal of Intellectual Property Rights, Vol. 15, No. 1. (January 2010), pp. 7-18
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Abstract
This paper describes an empirical study of behaviors associated with consumers’ creative modification of digital information goods found in Web 2.0 and elsewhere. They are products of culture such as digital images, music, video, news and computer games. We will refer to them as “digital culture products”. How do consumers who transmute such products differ from those who do not, and from each other? This study develops and tests a theory of consumer behavior in transmuting digital culture products, separating consumers ...
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Abstract
Markets for musical works are based on a compromise between sharing and owning. By empowering consumers and aspiring artists, new digital technology and the Internet threaten to change this compromise. The new technologies allow consumers to make and to disseminate--legally and illegally--copies of musical works that are virtually the same in quality as the original. Facing falling or stagnant sales, established entities of the music industry--recording companies, producers, and distributors-- are fighting back with increased lobbying for ever tighter copyright laws ...
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Abstract
A World Trade Organization (WTO) non-violation complaint is one where an agreement has not been breached, but the complainant alleges an expected benefit under the agreement has been abrogated. When the TRIPS Agreement came into force non-violation complaints were not available for TRIPS disputes. This position was to be reviewed. Non-violation complaints remain unavailable for TRIPS disputes. In the early days of TRIPS the exclusion of non-violation disputes seemed rational because of the unique nature of TRIPS, among WTO agreements. The ...
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Social Science Research Network Working Paper Series (04 October 2008)
Abstract
This paper examines the current wave of US bilateral agreements with respect to their strategic and political value at the plurilateral level. The US government has explicitly recognized its objective of leveraging bilateral agreements in order to influence regional and multilateral negotiations. Although it may be too early to assess the full effectiveness of this US strategy, the paper argues that there are clear signs that the exploitation of bilateral agreements will not independently achieve the goal of strengthening plurilateral patent ...
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In CSCW '08: Proceedings of the 2008 ACM conference on Computer supported cooperative work (2008), pp. 357-360, doi:10.1145/1460563.1460621
Abstract
Gaming has attracted growing interest in both CSCW and HCI in recent years. We contribute to this line of research by analyzing collaboration in 5-person instance runs in World of Warcraft, an aspect of the game that is considered routine and mundane work by players yet remains largely unexamined in current literature. Using a combination of ethnographic observation, interview, chat and video log analysis, we unpack the conditions under which players can produce the most effective outcomes while having fun, and ...
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Minnesota Law Review, Vol. 93, No. 6.
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Social Science Research Network Working Paper Series (13 January 2010)
Abstract
The Google Book Search (GBS) initiative once promised to test the bounds of fair use, as the company started scanning millions of in-copyright books from the collections of major research libraries. The initial goal of this scanning was to make indexes of the books’ contents and to provide short snippets of book contents in response to pertinent search queries. The Authors Guild and five trade publishers sued Google in the fall of 2005 charging that this scanning activity was copyright infringement. ...
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The B.E. Journal of Economic Analysis & Policy
posted to losses musicindustry p2p
by mzkbnt
on 2009-11-26 19:34:14
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Abstract
Extensive field research has found that when users of a resource do gain good feedback about the effect of their actions on a resource and can build norms of reciprocity and trustworthiness, they are frequently able to craft new institutions to solve puzzling dilemmas. We need to ask: How do different kinds of institutions support or undermine norms of reciprocity and trustworthiness? The finding from many field studies throughout the world that monitoring and graduated sanctions are close to universal in ...
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Abstract
A new and better order to make scholarship available for free to all is emerging through deposit mandates like those adopted by Harvard, MIT, and Kansas. ...
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Social Science Research Network Working Paper Series (19 November 2009)
Abstract
This study examines 78 law journal publication agreements and finds that a minority of journals ask authors to transfer copyright. Most journals also permit author to self-archive articles with some conditions. The study recommends journals make their agreements publicly available and use licenses instead of copyright transfers. ...
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Abstract
In the recent past, anti-P2P companies have successfully curtailed the distribution of targeted content over a number of P2P file-sharing systems, including Kazaa and eDonkey. More recently, anti-P2P companies have begun to attack BitTorrent. In this paper, we analyze the resilience of BitTorrent leechers to two different kinds of attacks: the connection attack and the piece attack . We present the results of both passive and active measurements. Using passive measurements, we performed a detailed analysis of a recent album that ...
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Abstract
John Ioannidis and colleagues argue that the current system of publication in biomedical research provides a distorted view of the reality of scientific data. ...
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Abstract
10.1126/science.323.5922.1662 ...
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Abstract
Many scientists now manage the bulk of their bibliographic information electronically, thereby organizing their publications and citation material from digital libraries. However, a library has been described as “thought in cold storage,” and unfortunately many digital libraries can be cold, impersonal, isolated, and inaccessible places. In this Review, we discuss the current chilly state of digital libraries for the computational biologist, including PubMed, IEEE Xplore, the ACM digital library, ISI Web of Knowledge, Scopus, Citeseer, arXiv, DBLP, and Google Scholar. We ...
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Social Science Research Network Working Paper Series (17 August 2009)
Abstract
A study of access to knowledge in South Africa undertaken by University of Cape Town Intellectual Property Law Research and the Internet and Society Project of Yale University, investigating copyright, access to learning materials, research policy, open standards, software patents, and open educational resources in South Africa. ...
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Social Science Research Network Working Paper Series (05 August 2008)
Abstract
Open standards are widely considered to have significant economic and technological benefits. This has led many governments to consider mandating open standards for document formats. Document formats are how a computer stores memos or spreadsheets. Governments are moving away from Microsoft's proprietary DOC format to open standard document formats, such as the OpenDocument Format (ODF) and Office Open XML (OOXML). The belief is that by shifting to open standards, governments will benefit from choice, competition, and the ability ...
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Social Science Research Network Working Paper Series (25 August 2009)
Abstract
Many services can be self-provided. An individual user or a user firm can, for example, choose to do its own accounting – choose to self-provide that service - instead of hiring an accounting firm to provide it. Since users can ‘serve themselves’ in many cases, it is also possible for users to innovate with respect to the services they self-provide. In this paper, we explore the histories of 47 functionally novel and important commercial and retail banking services. We find that, ...
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Social Science Research Network Working Paper Series (10 June 2009)
posted to privacy
by mzkbnt
on 2009-08-07 04:05:35
Abstract
E-commerce continues to blossom as evidenced by online retail sales in excess of $33 billion over the first quarter 2008. This growth helps spur the staggering economy but also magnifies the serious threats surrounding personally identifying information (PII) submitted during e-commerce transactions. The most common threats, such as identity theft and aggregated data files, do the most damage when companies are careless (i.e., losing laptops filled with unencrypted data) or callous (selling data on the open market) with the PII they ...
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Journal of Economic Behavior & Organization In Academic Science and Entrepreneurship: Dual engines of growth, Vol. 63, No. 4. (August 2007), pp. 648-687
Abstract
Although many scholars suggest that IPR has a positive effect on cumulative innovation, a growing "anti-commons" perspective highlights the negative role of IPR over scientific knowledge. At its core, this debate is centered on how intellectual property rights over a given piece of knowledge affect the propensity of future researchers to build upon that knowledge in their own scientific research activities. This article frames this issue around the concept of dual knowledge, in which a single discovery may contribute to both ...
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Abstract
Over the period 2006?2008, the Dutch Open Universiteit Nederland conducted an experiment in which Open Educational Resources (OER) were offered in an effort to bridge the gap between informal and formal learning and to establish a new style of entry portal to higher education with no barriers at all. OpenER received considerable attention both in terms of visitors and in the media. About 10% of the visitors reported that OER influenced their decision to start some formal learning track at academic ...
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Abstract
Legal contextThe protection of IP rights as a trade issue has long been the subject of human rights debate between IP rights owning developed countries and IP rights using developing countries. Proponents of the TRIPS Agreement hold that IP rights qualify as human rights since they have moral standing and developmental value to assist the enjoyment of other rights. Key pointsThis author argues that IP rights take on protectionist trade implications and monopolistic ownership traits because of their inclusion in ...
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In The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition (January 2009), pp. 65-99
Abstract
In this paper I attempt to provide a synopsis of the empirical literature, in the field of economics, concerning copyright. The paper is not intended to be a full literature survey, but rather attempts to identify the main areas that have been studied, and to offer an overview of what the literature says by means of an analysis of representative publications. The principal objective is to attempt to provide guidance to economists interested in undertaking empirical research on the economics of copyright, particularly in developing countries ...
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Free and Open Source Software Law Review, Vol. 1, No. 1.
Abstract
For the first time, a major U.S. appeals court has held that an open source license is enforceable through preliminary injunctions. The court also found that exacting conditions in the form of compliance with open source requirements for disclosure and explanation of changes is entitled to recognition as consideration for a contractual license. ...
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International Journal of Media and Learning
posted to education games learning videogames
by mzkbnt
on 2009-07-02 14:50:06
Abstract
Over the last few years, a new multidisciplinary academic area has emerged around interest in digital media and learning. As with any such new area, the question arises as to how work in such an area can achieve enough commonality across different disciplines for contributors to engage in fruitful collaboration and the accumulation of shared knowledge? This paper is in two parts. The second part makes a specific proposal about one way in which such commonality can be achieved, namely in ...
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Social Science Research Network Working Paper Series (25 August 2005)
Abstract
Copyfraud is everywhere. False copyright notices appear on modern reprints of Shakespeare's plays, Beethoven's piano scores, greeting card versions of Monet's Water Lilies, and even the U.S. Constitution. Archives claim blanket copyright in everything in their collections. Vendors of microfilmed versions of historical newspapers assert copyright ownership. These false copyright claims, which are often accompanied by threatened litigation for reproducing a work without the owner's permission, result in users seeking licenses and paying fees to reproduce works that are free for ...
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Abstract
Legal contextThe recent lawsuit brought by the entertainment company, Viacom, against Google's online video hosting site, YouTube, has raised questions about whether YouTube can protect itself using the fair use defence under the Copyright Act 1976 in the United States. While the judgment in this regard is still awaited, this article explores the possibility of the fair use defence succeeding in the context of YouTube hosting copyrighted content on its website. Key pointsThis article discusses the four statutory ingredients of ...
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Abstract
Legal contextThis article deals with the controversial problem of the copyright protection of scientific works, based on copyright theory and the Polish Law of 4 February 1994 on Copyright and Neighbouring Rights. Key points and Practical significanceAs far as copyright theory is concerned, scientific works can be protected but their character is special. If someone wants to protect a scientific publication, the main purpose of copyright is only to create original structure of work, no matter how original the scientific ...
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Abstract
A Dutch interim injunction judge grants a preliminary injunction prohibiting copyright collecting society BUMA from concluding pan-European licences for the online sale of the music repertoire administered by the Performing Rights Society. 10.1093/jiplp/jpn195 ...
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Abstract
Legal contextThis article examines the defence of parody against allegations of copyright infringement. Earlier jurisprudence from the lower courts held that parody was not a form of criticism, and therefore lay beyond the bounds of the fair dealing provisions of Canada's Copyright Act. Recent decisions, also from the lower courts, continue to reinforce this notion and deny the existence of parody as a form of fair dealing. Key pointsGiven the Supreme Court of Canada's unanimous ruling in CCH Canadian Ltd ...
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posted to copyright europe term
by mzkbnt
on 2009-06-23 02:26:28
Abstract
The Court of Justice of the European Communities held that the term of protection of copyright-related rights for work laid down in Directive 2006/11 could apply (i) to work that had never been protected in the Member State in which the protection was sought and (ii) in a situation where the work was, on 1 July 1995, protected in at least one Member State under national legislation and where the rightsholder who is a national of a non-Member state benefited, at ...
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Abstract
Judge Robert B. Patterson found that the unofficial Harry Potter Lexicon written by Steve Vander Ark and published by RDR Books infringed the copyright in the seven Harry Potter novels and two companion works (Fantastic Beasts and Where to Find Them and Quidditch Through the Ages) and that the defence of fair use did not apply. 10.1093/jiplp/jpn214 ...
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Abstract
Legal contextReasonable royalties awarded in patent litigation are often estimated with reference to existing licences. Key pointsMany firms purchase and enforce patents which have never been licensed. In such cases, the only market evidence available concerning the parties' valuation of the patents may be the sales transaction itself. The sales price contains information about the expected value of future licensing revenues. Practical significanceGiven sufficient information about the market and its participants, that information may be extracted, providing estimates of ...
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(19 January 2009)
Abstract
Universities increasingly encourage spin-out companies from their own departments, and interest from entrepreneurs and the commercial sphere is only set to develop further in coming years. With this in mind, Professor Graham Richards - an academic and businessman who has had many years of involvement with spin-out companies - has written this book as a guide and an inspiration for those who are thinking about commercialising intellectual property and creating a spin-out company. ...
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Abstract
Abstract In the face of ubiquitous information communication technology, the presence of blogs, personal websites, and public message boards give the illusion of uncensored criticism and discussion of the ethical implications of business activities. However, little attention has been paid to the limitations on free speech posed by the control of access to the Internet by private entities, enabling them to censor content that is deemed critical of corporate or public policy. The premise of this research is that transparency alone will ...
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Social Science Research Network Working Paper Series (03 February 2009)
Abstract
In this paper, we examine the determinants of sharing behaviour by envisaging two types of behaviour, namely contribution against free riding. In doing so, we evaluate the theoretical predictions about reciprocity and altruism in the presence of non-rival goods and anonymity. We use a probit model and primary data from a survey that collects information about P2P sharing behaviour of more than 2000 individuals. Our econometric results suggest that the motivations for contributing are poorly determined by rational self-interested behaviour. We ...
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(25 June 2008)
Abstract
Authored by standards experts from across industry, academia and private practice, this book serves as a resource for standards development organizations (SDOs), the lawyers who advise them and other participants involved in the process. It is a comprehensive set of annotated, policy- neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies. ...
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Abstract
This paper explores the impact of the digital revolution on the development of the music industry. It analyses the conditions of the commercialization of music in an industry structure with, and without, a copyright regime. The paper's main concern is with the relationship between artists and publishers. The particular influence of the continental European, especially Austrian, copyright regime on the contractual design of publishing contracts and the music industry structure, and their differences from US norms, is discussed. ...
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posted to deterrence enforcement
by mzkbnt
on 2009-06-22 19:40:15
Abstract
This paper explores the effects of public enforcement, in general, and punishment, in particular, on crime levels if offenders can engage in avoidance activities. Avoidance reduces the probability or magnitude of punishment. In general, offenders can reduce their expected punishment either by substituting legal for criminal activities (the deterrent effect) or by increasing avoidance activities. This paper shows that increasing the direct costs of crime – by either increasing punishment or enforcement efforts – does not necessarily deter criminal activity and ...
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posted to copyright trade
by mzkbnt
on 2009-06-22 19:39:02
Abstract
Abstract Cultural products are commodities with cultural contents, which are neither equivalent to cultural relics nor ordinary articles. Such dual natures bring forth divergences in trade policy, mandating the generality and particularity of trade rules. The WTO rules lay more emphases on free trade while the United Nations Educational, Scientific and Cultural Organization put more stress on the free exchange and diversity of cultures. Nations enjoy cultural sovereignty over their cultural policies and administrative measures. The rules of intellectual property rights also ...
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Abstract
Legal contextMajor copyright owners have been slow to rise to the challenge presented by illegal file-sharing and downloading. In recent years, they have scored a number of significant Court victories against file-sharers, but the recent decision in Promusicae v Telefonica, in which the ECJ held that the right to the protection of industrial property does not necessarily outweigh the right to privacy, indicates that rights holders may benefit from a more creative and co-operative approach to file-sharing. Key pointsThe author ...
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Abstract
This paper stems from the results of a systematic study of research library policy regarding application and interpretation of copyright law to reserves and electronic reserves. A thorough legal framework is provided from which the study's results are interpreted, and suggestions for research library compliance are provided. ...
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Abstract
In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idealist philosopher Johann Gottlieb Fichte whose influential 1793 article Proof ...
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Social Science Research Network Working Paper Series (17 April 2009)
Abstract
For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site - you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even ...
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Abstract
Previous investigations into the impact of open-access journals on subsequent citations confounded open and electronic access and failed to track availability over time. With new data, we separated these effects. We demonstrate that a journal receives a modest increase in citations when it comes online freely, but the jump is larger when it first comes online through commercial sources. This effect reverses for poor countries where free-access articles are much more likely to be cited. Together, findings suggest that free Internet ...
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