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  • Copyright and YouTube: Pirate's Playground or Fair Use Forum?

    Hunt, Kurt (University of Michigan Law School Scholarship Repository, 2007-01-01)
    The entertainment industry has a history of framing new technology as piracy that threatens its very existence, regardless of the potential benefits of the technology or the legal limits of copyright rights. In the case of YouTube, copyright owners' attempts to retain content control negatively impact the public's ability to discuss culture in an online world. This implicates the basic policy behind fair use: to prevent copyright law from "stifl[ing] the very creativity which that law is designed to foster." The internet has become a powerful medium for expression. It is a vital tool in today's world for sharing original works, but is equally important as a forum for discussion of existing works. YouTube blurs the the line between publication and everyday conversation. It enables the sharing of culture, ideas, and debate in ways previously impossible, and therefore plays an important and progressive role in our society. In Part II, I will explain how YouTube works, how potential copyright infringement affects the website and its users, and describe the basics of the fair use defense. In Part III, I will argue that YouTube's open method of content distribution is important to our culture, and argue that fair use needs to be a flexible standard that protects the majority of YouTube content as non-infringing.
  • Copytraps

    Snow, Ned (Digital Repository @ Maurer Law, 2009-01-01)
    Congress has unintentionally evoked copytraps, which exact thousands of dollars from the Internet user who innocently buys music without knowing that it infringes copyright. Copytraps arise when Web sites lure innocent users into downloading expression that seems legal but is actually infringing. Regardless of whether the Web site appears legitimate, whether a user's good-faith belief is reasonable, or whether the Web site owner is unaware that the material is infringing, users who download infringing material face strict liability punishment, and the penalties are severe. It is entrapment, with the spoils from the innocent going to large corporate copyright holders. The law facilitates copytraps because it governs circumstances today that were never contemplated when copyright's strict liability emerged centuries ago. What has been good policy for real space is bad policy for cyberspace. As copytraps become common, end users will increasingly encounter the unfairness of strict liability punishment and ultimately become reluctant to download from unfamiliar sites. The effects of copytraps cast doubt on the wisdom of strict liability: copytraps unfairly punish the innocent, foster copyright abuse, unduly burden commerce, restrict speech, and deter the dissemination of knowledge. Congress should therefore amend the Copyright Act. Rather than imposing statutory damages on innocent downloaders, the Act should require only that innocent downloaders delete infringing material. In the alternative, courts should interpret the Act's strict liability provision as not applying to online expression.
  • Multi-Layered Policy Generation and Management in Clouds

    Yahyapour, Ramin Prof. Dr.; Fatemi Moghaddam, Faraz (2018-01-25)
  • Internet Policy Making and a Critical View of the Internet Law No. 5651

    Dede Özdemir, Yeliz (Ankara ÜniversitesiAnkara University, 2015-11-30)
    Not unlike new technologies of the past, the Internet as an essential part of our life hasraised many legal issues. Governments then issue several laws and regulations not onlyto find solutions to these problems, but to tighten government control of a powerfularena like the Internet. Internet policy making processes constitute just one of thesegovernment regulations. This study aims to provide a critical analysis of the Internet LawNo. 5651 in view of public interest objectives identified by the principles for Internetpolicy making. For this purpose, this study will firstly touch on what are some of the keyconcepts and components that need be given special consideration in Internet policymaking; and then, evaluate the Internet Law No. 5651 in light of these key concepts. Inconclusion, this study reveals that the Internet Law No. 5651 does not function as theembodiment of an ideal of Internet policy looking out for public interest, but functions asa legislative instrument of political power to establish government domination over theInternet.
  • Internet Policy Making and a Critical View of the Internet Law No. 5651

    Dede Özdemir, Yeliz (Ankara ÜniversitesiAnkara University, 2015-11-30)
    Not unlike new technologies of the past, the Internet as an essential part of our life hasraised many legal issues. Governments then issue several laws and regulations not onlyto find solutions to these problems, but to tighten government control of a powerfularena like the Internet. Internet policy making processes constitute just one of thesegovernment regulations. This study aims to provide a critical analysis of the Internet LawNo. 5651 in view of public interest objectives identified by the principles for Internetpolicy making. For this purpose, this study will firstly touch on what are some of the keyconcepts and components that need be given special consideration in Internet policymaking; and then, evaluate the Internet Law No. 5651 in light of these key concepts. Inconclusion, this study reveals that the Internet Law No. 5651 does not function as theembodiment of an ideal of Internet policy looking out for public interest, but functions asa legislative instrument of political power to establish government domination over theInternet.

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