The Digital Dilemma:: Intellectual Property in the Information Age

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National Academies Press, Jan 24, 2000 - Law - 364 pages
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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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Contents

Executive Summary
1
The Emergence of the Digital Dilemma
23
AN ENDURING BALANCE UPSET?
24
SCOPE OF THE REPORT
27
ORIGINS OF THE ISSUES
28
Economics and Speed of Distribution
38
Why the Web Matters
39
The Programmable Computer Makes a Difference
43
Arguments That Private Use Copying Is Fair Use
133
The Committees Conclusions
135
The Future of Fair Use and Other Copyright Exceptions
136
IS COPY STILL AN APPROPRIATE FUNDAMENTAL CONCEPT?
140
Is Control of Copying the Right Mechanism in the Digital Age?
141
What Can Be Done?
144
SECTIONS 106107 AND 109 OF THE US COPYRIGHT LAW
145
Protecting Digital Intellectual Property Means and Measurements
152

Technology Has Emerged into Everyday Life Running Headlong into Intellectual Property
45
Intellectual Property Law Is Complex
47
Cyberspace Is an Odd New World
49
WHAT MAKES PROGRESS DIFFICULT?
51
There Is a Variety of Forces at Work
52
Technology Law Economics Psychology and Sociology and Public Policy
53
The Problems Are Global with Differing Views Laws and Enforcement Around the World
54
Potential Solutions Have to Be Evaluated from a Variety of Perspectives
58
ROAD MAP FOR THE REPORT
60
THE CONCERNS OF STAKEHOLDERS
61
Distributors
65
Schools and Libraries
68
The Research Community
70
The General Public
71
Other Consumers and Producers of Intellectual Property
73
Private Sector Organizations
74
Journalists
75
Music Intellectual Propertys Canary in the Digital Coal Mine
76
WHY MUSIC?
77
WHITHER THE MARKET?
78
WHAT CAN BE DONE?
79
Make the Content Easier and Cheaper to Buy Than to Steal
80
Use Digital Content to Promote the Traditional Product
81
Give Away Some Digital Content and Focus on Auxiliary Markets
82
The Technical Protection Response
83
Reattach the Bits
84
A SCENARIO
86
CONSTRAINTS ON TECHNOLOGICAL SOLUTIONS
87
INDUSTRY CONSEQUENCES OF THE NEW TECHNOLOGY
89
THE BROADER LESSONS
94
Public Access to the Intellectual Cultural and Social Record
96
PUBLIC ACCESS IS AN IMPORTANT GOAL OF COPYRIGHT
97
Licensing Offers Both Promise and Peril
100
Access and Technical Protection Services
104
The New Information Environment Challenges Some Access Rules
106
The New Information Environment Blurs the Distinction Between Public and Private
107
Noncopyrightable Databases Present Access Challenges
109
The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information
111
ARCHIVING OF DIGITAL INFORMATION PRESENTS DIFFICULTIES
113
Fundamental Intellectual and Technical Problems in Archiving
116
Intellectual Property and Archiving of Digital Materials
119
Technical Protection Services and Archiving
121
Individual Behavior Private Use and Fair Use and the System for Copyright
123
The General Public
124
Rights Holders
128
THE CHALLENGE OF PRIVATE USE AND FAIR USE WITH DIGITAL INFORMATION
129
The Wide Range of Private Use Copying
130
Arguments That Private Use Copying Is Not Fair Use
132
TECHNICAL PROTECTION
153
An Underpinning Technology for Technical Protection Service Components
156
Access Control in Bounded Communities
158
Enforcement of Access and Use Control in Open Communities
159
Marking and Monitoring
164
Trusted Systems
167
Protection Technologies for Niches and SpecialPurpose Devices
171
What Makes a Technical Protection Service Successful?
173
THE ROLE OF BUSINESS MODELS IN THE PROTECTION OF INTELLECTUAL PROPERTY
176
The Impact of the Digital Environment on Business Models
177
Business Models for Handling Information
179
Intellectual Property Implications of Traditional Business Models
180
Less Traditional Business Models
181
Intellectual Property Implications of Less Traditional Business Models
182
Business Models as a Means of Dealing with Intellectual Property
183
ILLEGAL COMMERCIAL COPYING
186
THE IMPACT OF GRANTING PATENTS FOR INFORMATION INNOVATIONS
192
Conclusions and Recommendations
199
IMPLICATIONS FOR PUBLIC ACCESS
201
Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services
202
Publication and Private Distribution
205
Archiving and Preservation of Digital Information
206
Preservation
209
Access to Federal Government Information
211
IMPLICATIONS FOR INDIVIDUAL BEHAVIOR
212
Fair Use and Private Use Copying
213
Copyright Education
216
ADDITIONAL MECHANISMS FOR MAKING PROGRESS
217
The Digital Millennium Copyright Act of 1998
221
Business Models
224
The Interaction of Technical Protection Services Business Models Law and Public Policy
225
Illegal Commercial Copying
226
Research on the Economics of Copyright Use of Patents and Cyber Law
227
Is Copy Still the Appropriate Foundational Concept?
230
Content Creators and the Digital Environment
232
THE PROCESS OF FORMULATING LAW AND PUBLIC POLICY
233
Principles for the Formulation of Law and Public Policy
235
CONCLUDING REMARKS
239
Bibliography
240
Study Committee Biographies
253
Briefers to the Committee
261
Networks How the Internet Works
263
Information Economics A Primer
271
Technologies for Intellectual Property Protection
282
Copyright Education
304
The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures
311
Index
331
Copyright

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