Cyberlaw: Intellectual Property in the Digital Millennium
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This newly updated law book explains the anti-circumvention and anti-trafficking rules of the Digital Millennium Copyright Act (DMCA), the Act's provisions for protecting copyright management information (CMI), 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 analyzes 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, and its substantive provisions, including the special subpoena power, the special cause of action for fraud relating to infringement notification, and their relationship 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.
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Table of Contents
Introduction: New Law for New Technology
Legal Reinforcement of Technological Measures for Protecting Copyrighted Works: The Anti-Circumvention Rule and the Anti-Trafficking Rules
Exceptions to the Anti-Circumvention Rule and the Anti-Trafficking Rules
Prohibitions Against Providing False Copyright Management Infomrationa and Removing or Altering Copyright Management Information
Civil Liability for Violations of the Anti-Circumvention, Anti-Trafficking, and Copyright Management Information Rules
The Federal Common Law of Direct and Secondary Liability for Copyright Infringement
Limitations on Liability for Service Providers