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  • Thwack!! Take That, User-Generated Content!: Marvel Enterprises v. NCSoft

    Szabo, Carl Michael (Digital Repository @ Maurer Law, 2010-06-01)
    Comic-book heroes show us how to be valiant, how to fight for those less fortunate, and, in some circumstances, how to combat those who break the law. Such is the situation in the case of Marvel Enterprises, Inc. v. NCSofl Corp., a battle between user-generated content and the copyright violations that resulted. While the issue of copyright liability has been seen in hundreds of comments and notes from courts and attorneys alike, the issue of copyright liability on the internet remains an open question that if not addressed, could endanger the protection afforded to authors. Federal and state suits have tried to eliminate this problem through tort actions; perhaps a simpler system exists. Perhaps, taking another note from comic-book heroes, the best way to solve a problem is not to fight through it, but instead find an acceptable middle ground so that all benefit. This note proposes such a middle ground, an economic solution that will charge user-generated content websites for their use of copyrighted content allowing such websites to remain viable and provide their services while providing copyright holders the financial compensation they deserve.
  • Link Liability: The Argument for Inline Links and Frames As Infringements of the Copyright Display Right

    Roarty, Allison (FLASH: The Fordham Law Archive of Scholarship and History, 1999-01-01)
  • Contributory Liability for Access Providers: Solving the Conundrum Digitalization Has Placed on Copyright Laws

    Melone, Wendy M. (Digital Repository @ Maurer Law, 1997-02-01)
    Courts should not rely upon a standard of vicarious liability to hold service providers responsible for copyright infringement. Rather, courts should rely on a contributory liability standard which will not undermine the growth of the Internet.
  • A Technological Theory of the Arms Race

    Kovarsky, Lee (Digital Repository @ Maurer Law, 2006-07-01)
    Although the "technological arms race" has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are "technological" arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on the particular audience profile consuming the relevant asset. Authors can most cost-effectively manage access through a mixture of these two tactics. Given the attributes of the parties competing over use of and access to expressive assets-authors and consumers-one should expect to observe sustained racing behavior. Such racing constitutes an undesirable exercise in inefficient wealth-redistribution, eroding the benefits of authors' traditional ability to choose the lowest-cost, most effective mix of copyright enforcement and self-help. Although the proposition that copyright protection substitutes for self-help is not a new one, the precise ways in which it does so--as well as the inefficiencies associated with arms races-remains dramatically under theorized. Legal rules should seek to minimize wasteful investment in protection and circumvention measures, but citing the Digital Millennium Copyright Act (DMCA) as the first institutional attempt to do so is misleading. For some time, courts and legislatures have addressed racing behavior over a variety of intangible assets copyrightable expression, patented inventions, and unprotected information. This sample of institutional responses reveals an identifiable pattern of controlling technological arms races, one to which the DMCA largely conforms.
  • Reforming Copyright Law in the Digital Age: a Comparative Study of the Legal Resolutions on P2P Transmission Between Taiwan and the United States

    Chiu, I-Hsien (GGU Law Digital Commons, 2008-04-04)
    Adjusting legal system of copyright is vigorously in need in the twenty-first century. The abuse of technology has severely damaged the copyright-related industries not only in Taiwan, but also in the United States. Indeed, the lawsuits filed against modern P2P transmission are fairly unprecedented to courts when facing the tension between copyright holders and technology innovators. Therefore, the technological changes provide an enlightened motivation to develop the analysis on whether the approach that legislators and courts take would harmonize private property rights and public interests. Through the arguments, there are meaningful goals the study attempts to achieve. It is essential for the study to make clear the historical contexts of copyright which provides a broad view on how the new technology impact copyright law. The study would also propose a deliberate suggestion for Taiwanese government by virtue of analyzing and weighting the pros and cons of amendments for digital technology. Particularly, Taiwan is the first country embodying opinions of Grokster case in domestic copyright law; therefore, the comments on the appropriateness of the legislation would be highlighted hereby. The subjects cover the elements, policies and effects of the enactment. It is certainly meaningful to make such comparison in depth to identify the potential result of the future Taiwanese court's decisions relating to its recently adopted articles. Therefore, all we discuss will benefit the Taiwanese legislative in the future.

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