The Digital Dilemma: Intellectual Property in the Information Age
Committee on Intellectual Property Rights in the Emerging Information Infrastructure, Computer Science and Telecommunications Board, National Research Council
National Academies Press, Jan 21, 2000 - Law - 319 pages
Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web.
The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patent--intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music?
This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.
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The Emergence of the Digital Dilemma
AN ENDURING BALANCE UPSET?
SCOPE OF THE REPORT
ORIGINS OF THE ISSUES
Economics and Speed of Distribution
Why the Web Matters
The Programmable Computer Makes a Difference
Arguments That Private Use Copying Is Fair Use
The Committees Conclusions
The Future of Fair Use and Other Copyright Exceptions
IS COPY STILL AN APPROPRIATE FUNDAMENTAL CONCEPT?
Is Control of Copying the Right Mechanism in the Digital Age?
What Can Be Done?
SECTIONS 106107 AND 109 OF THE US COPYRIGHT LAW
Protecting Digital Intellectual Property Means and Measurements
Technology Has Emerged into Everyday Life Running Headlong into Intellectual Property
Intellectual Property Law Is Complex
Cyberspace Is an Odd New World
WHAT MAKES PROGRESS DIFFICULT?
There Is a Variety of Forces at Work
Technology Law Economics Psychology and Sociology and Public Policy
The Problems Are Global with Differing Views Laws and Enforcement Around the World
Potential Solutions Have to Be Evaluated from a Variety of Perspectives
ROAD MAP FOR THE REPORT
THE CONCERNS OF STAKEHOLDERS
Schools and Libraries
The Research Community
The General Public
Other Consumers and Producers of Intellectual Property
Private Sector Organizations
Music Intellectual Propertys Canary in the Digital Coal Mine
WHITHER THE MARKET?
WHAT CAN BE DONE?
Make the Content Easier and Cheaper to Buy Than to Steal
Use Digital Content to Promote the Traditional Product
Give Away Some Digital Content and Focus on Auxiliary Markets
The Technical Protection Response
Reattach the Bits
CONSTRAINTS ON TECHNOLOGICAL SOLUTIONS
INDUSTRY CONSEQUENCES OF THE NEW TECHNOLOGY
THE BROADER LESSONS
Public Access to the Intellectual Cultural and Social Record
PUBLIC ACCESS IS AN IMPORTANT GOAL OF COPYRIGHT
Licensing Offers Both Promise and Peril
Access and Technical Protection Services
The New Information Environment Challenges Some Access Rules
The New Information Environment Blurs the Distinction Between Public and Private
Noncopyrightable Databases Present Access Challenges
The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information
ARCHIVING OF DIGITAL INFORMATION PRESENTS DIFFICULTIES
Fundamental Intellectual and Technical Problems in Archiving
Intellectual Property and Archiving of Digital Materials
Technical Protection Services and Archiving
Individual Behavior Private Use and Fair Use and the System for Copyright
The General Public
THE CHALLENGE OF PRIVATE USE AND FAIR USE WITH DIGITAL INFORMATION
The Wide Range of Private Use Copying
Arguments That Private Use Copying Is Not Fair Use
An Underpinning Technology for Technical Protection Service Components
Access Control in Bounded Communities
Enforcement of Access and Use Control in Open Communities
Marking and Monitoring
Protection Technologies for Niches and SpecialPurpose Devices
What Makes a Technical Protection Service Successful?
THE ROLE OF BUSINESS MODELS IN THE PROTECTION OF INTELLECTUAL PROPERTY
The Impact of the Digital Environment on Business Models
Business Models for Handling Information
Intellectual Property Implications of Traditional Business Models
Less Traditional Business Models
Intellectual Property Implications of Less Traditional Business Models
Business Models as a Means of Dealing with Intellectual Property
ILLEGAL COMMERCIAL COPYING
THE IMPACT OF GRANTING PATENTS FOR INFORMATION INNOVATIONS
Conclusions and Recommendations
IMPLICATIONS FOR PUBLIC ACCESS
Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services
Publication and Private Distribution
Archiving and Preservation of Digital Information
Access to Federal Government Information
IMPLICATIONS FOR INDIVIDUAL BEHAVIOR
Fair Use and Private Use Copying
ADDITIONAL MECHANISMS FOR MAKING PROGRESS
The Digital Millennium Copyright Act of 1998
The Interaction of Technical Protection Services Business Models Law and Public Policy
Illegal Commercial Copying
Research on the Economics of Copyright Use of Patents and Cyber Law
Is Copy Still the Appropriate Foundational Concept?
Content Creators and the Digital Environment
THE PROCESS OF FORMULATING LAW AND PUBLIC POLICY
Principles for the Formulation of Law and Public Policy
Study Committee Biographies
Briefers to the Committee
Networks How the Internet Works
Information Economics A Primer
Technologies for Intellectual Property Protection
The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures
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Table of contents for Library of Congress control number 99069855
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www.loc.gov/ catdir/ richcat/ toc0701/ 99069855.html
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www.cni.org/ tfms/ 1999b.fall/ PBrief2-99Ftf.html
The Digital Dilemma
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www.caets.org/ nae/ bridgecom.nsf/ weblinks/ NAEW-4Q7JRS?OpenDocument
WIPO/EC/CONF/01/SPK/2C : Intellectual Property in the Digital ...
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