Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

ONS and Intellectual Property

Copyright Law and Science

<I>Oracle America, Inc. v. Google Inc.</I>, Brief of <I>Amici Curiae</I> Intellectual Property Professors in Support of Defendant-Cross Appellant and Affirmance

This commentary reviews the events leading to the Supreme Court decision regarding Myriad Genetics patents on the BRCA1 and BRCA2 genes. Those developing molecular diagnostics will have to comport ...

This research uses data collected from a university campus network via Deep Packet Inspection (DPI) monitoring and from the largest public BitTorrent tracker to characterize the extent of unauthorized transfers of copyrighted content using Peer-to-Peer (P2P) and to evaluate the effectiveness and limitations of DPI in detection of such activity, both to provide a perspective of how much copyright infringement happens using P2P and to inform those seeking to deploy DPI technology. Use of P2P and transfers of copyrighted content were widespread on campus. In Spring 2008, 40% of students living on campus were detected using a P2P protocol, 70% of which were observed attempting to transfer copyrighted material. In late 2010, we estimate that over 800 million copies of content were transferred globally using BitTorrent per day, with an estimated number of transferred songs 13.1 times greater than worldwide sales of songs, and estimated number of transferred movies 6.8 times greater than worldwide box-office sales and 16.4 times greater than U.S. DVD and Blu-ray sales. Most transfers were from a small number of very popular titles that were widely available for sale. We found no evidence that use of P2P to transfer content without violating copyright was common both on campus and global BitTorrent. This indicates that copyright law is violated frequently using P2P, and while we cannot quantify how P2P transfers translate to lost sales, it is reasonable to assume some sales are lost due to P2P. Focusing on effectiveness of DPI, after a couple weeks of monitoring DPI found up to 80% of detected P2P users attempting to transfer copyrighted content. In the short term, DPI could be effective to assess which network users transfer copyrighted content using P2P given some weeks of monitoring. However, limitations such as not being able to detect users of encrypted P2P can reduce DPIʼs effectiveness in the long term. Using behavioral classifiers that we implemented and that can detect encrypted BitTorrent from traffic summaries, we found students shifting from unencrypted to encrypted BitTorrent in the 2007-2008 academic year. If this trend continues, effectiveness of DPI for enforcement can be significantly hindered

본 논문에서는 원본 이미지에 저작권자의 저작권 정보를 삽입함으로써 저작권을 보호하고 차후 불법적인 도용을 방지하기 위해, 숫자와 로고로 구성된 워터마크 생성, 삽입 및 검출, 검증 시스템을 설계 및 구현한다. 본 시스템은 콘텐츠의 특성과 저작권자의 요구에 따라 워터마크를 숫자 또는 로고로 선택해서 구성할 수 있으며, 저작권 보호에 대한 전문지식이 없는 일반관리자도 용이하게 이용할 수 있는 사용자 인터페이스를 갖추도록 설계하였다. 이러한 디지털 이미지 워터마킹의 적용을 통한 소유권 및 저작권 보호는 궁극적으로 문화콘텐츠 등의 콘텐츠 제작 의뢰자로 하여금 제작 의지를 강화하여 제작 의뢰 건수를 증가시킬 수 있을 것으로 기대된다. 【In this paper, we design and implement watermarking system which create, insert and detect watermark comprised of number or logo to protect copyright and to prevent illegal plagiarism through inserting copyrighting information of owner into the original image. In the proposed system, the number or logo as watermark is selectively inserted according to characteristics of the original contents or requirement of copyrighter. The system also has convenient user interface which general administrator who hasn't expert knowledge for the protection of copyright uses easily. Ownership and copyright protection using digital watermarking technology intensifies creating volition of clients who want to create contents such as cultural contents, Thus, we can expect increasing requests for creating contents such as cultural contents.】

The law of Copyright Act 1957 has been giving protection to literary, dramatic or musical works, artists, cinematograph film and sound record. Now days it has been challenging even in the field of research publications, thesis and patent. In this paper the Researchers focus on the laws of copyrights and libraries, also on the challenges and issues of copyright. Some of the cases related to the copyright are also discussed. Keywords: Copyright Laws, Library, Infringement of copyright, Intellectual Property, Licenses Cite this Article Vishwasrao S Mane, Namita Khot. Copyright Act, 1957: A Study with Reference to Selected Cases in India. Journal of Advancements in Library Sciences. 2019; 6(Special Issue 1): 336s–341s.

Copyright Infringement in the EU Digital Single Market

The establishment of criminal offences for copyright infringements has a long history under certain national copyright laws, including the laws of Australia and Malaysia. A new stage in the evolution of criminal laws for copyright infringements was, however, reached in the mid-1990s with the introduction of the first international standard for criminal enforcement measures, in the form of Article 61 of the Trade-Related Aspects of Intellectual Property Rights Agreement (the ‘TRIPS Agreement’). The Article 61 standard, which is the current international standard, criminalizes, among other things, wilful copyright piracy on a commercial scale and compels WTO Members to impose ‘imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity.’ The Article 61 standard, however, could potentially be eclipsed by new, and potentially more severe, standards of criminal enforcement measures which are being proposed and negotiated between countries to be included in emerging multilateral treaties, namely the Anti-Counterfeiting Trade Agreement and the Trans-Pacific Partnership Agreement. The attempts to strengthen the international standard for criminal enforcement measures have resulted in considerable controversy, partly due to the expansion of the scope of conduct being criminalized. The recent and ongoing controversies concerning the application of the criminal law to copyright infringements are related to more general controversies regarding the purpose and proper scope of copyright protection, especially in the digital environment. In view of the apparent movement towards increasingly prescriptive international standards of criminal enforcement measures, and bearing in mind that copyright infringements have historically been essentially regarded as private wrongs, there is an urgent need for a principled analysis of the application of the criminal law to certain forms of copyright infringement. This thesis examines this general issue by addressing two key research problems: • whether the criminalization of copyright piracy on a commercial scale is legitimate; and • if so, what are the objectives of imposing criminal sanctions and, in light of the objectives, what are the appropriate levels of criminal punishment for copyright piracy? Although the subject of much current debate, these issues have been under-researched in the academic literature. In relation to the first research problem, applying Joel Feinberg’s version of the Harm Principle, the thesis tentatively concludes that there is a prima facie case for criminalizing intentional or reckless acts of copyright piracy on a commercial scale. In relation to the second research problem, the thesis establishes that the overarching objective of establishing criminal penalties in Article 61 is to deter serious copyright infringements, essentially meaning intentional piracy on a commercial scale. In accordance with this objective, the penalties set by national enforcement regimes should be assessed by reference to the principles arising from the ‘deterrence theory’ of criminal punishment. Focusing on the Australian and Malaysian penal provisions, the thesis assesses whether the level of penalties set in the relevant criminal provisions comply with deterrence theory, in that they are sufficiently severe to deter infringements, but nevertheless proportionate. Accepting that the Article 61 standard requires that the penalties to be made available must be consistent with the ‘level of penalties’ applied to ‘crimes of a corresponding gravity’, and that most commentators on the TRIPS Agreement agree that offences for non-violent theft are ‘crimes of a corresponding gravity’, the thesis uses the penalties set for such offences as benchmarks for assessing the penalties set by representative criminal provisions under the relevant national copyright laws. The thesis demonstrates that the penalties set in the Australian and Malaysian penal provisions prima facie comply with the current TRIPS standard, which is inherently flexible. Further empirical research on factors such as the current enforcement and sentencing practices, however, is necessary to arrive at a definitive conclusion on the extent to which the criminal penalties set under Australian and Malaysian law represent an effective, but proportionate deterrent. Reflecting the complexity of the issues in this controversial area, many of the conclusions reached in the thesis are tentative and qualified. Nevertheless, the analysis of the two key research problems undertaken in the thesis represents an advance over the extant literature by establishing a rigorous conceptual framework for addressing the two key research problems, which hopefully may guide future research in this area. The law in the thesis is as at 23 June 2014.

As technology advances, copyrights have been used, not only on physical works of literature and art, but also virtual works via the protective cloak of Digital Rights Management (DRM). Despite its obvious effectiveness and efficiency at times, DRM remains controversial and has generated several outstanding issues, leading to important legal precedents. This thesis discusses two of these issues: (1) DRM cannot fully stop copyright infringement, and (2) Major digital content companies are likely to act in an anti-competitive way when given the benefits of technology such as DRM. To analyze these two issues, this thesis focuses on three cases: A&M Records, Inc. v. Napster, Inc., the Apple iPod iTunes Antitrust Litigation, and United States v. Apple Inc. By analyzing these cases, this thesis is able to arrive at some useful conclusions -- in particular, DRM is unlikely to be the best solution to the problem of copyright infringement for cases involving virtual media. Normally, legal issues surrounding property rights must be adjudicated through the courts by a set legal process. However, the speed of change of technology often makes court rulings problematic and courts do not always make the most efficacious decision. It is crucial for all to be conscientious and fight copyright infringement. It is essential for all to realize that each of us benefit from intellectual works. Intellectual works push society forward, and therefore it is necessary to maintain a fair and safe environment for intellectual property. As for the anti-competitive issue, US court must deal with such behavior based on current laws, whether it is at people’s best interest or not. The thesis suggest however that anti-trust law should be more responsive to changes in technology. When viewing conflicts between society's benefit and the narrower benefit of a single company, the larger benefit should be considered. This is because the purposes of copyright laws and DRM are all for promoting social progress and the arts, so that the society can eventually become a place for creators, governments, enterprises, and consumers to peacefully co-exist.

The Court of Appeals for the Federal Circuit's Impact on Patent Litigation

Several of the authors question the efficacy of copyright, which is increasingly regarded as benefiting multinational organisations rather than individual authors and performers. Others are less critical of copyright per se, but question its ability to meet the new challenges of a digital era. Some of the specific issues covered include: law and international transactions of copyrighted material; economic analysis of copyright and freedom of expression; music licensing in the digital age; the role of copyright in stimulating cultural development; internet distribution of copyright material; and the problems of licensing museum images. A great deal has been written on the theoretical aspects of copyright and the cultural industries but much less on the applied side – how copyright law works in practice. How do lawyers, firms and artists manage and administer copyright and what economic and legal problems does this raise? In recent times in particular, technological inventions appear to have outpaced the development of copyright law. This illuminating book addresses these issues and looks at the serious implications for copyright policy in the future. Several of the authors question the efficacy of copyright, which is increasingly regarded as benefiting multinational organisations rather than individual authors and performers. Others are less critical of copyright per se, but question its ability to meet the new challenges of a digital era. Some of the specific issues covered include: • law and international transactions of copyrighted material • economic analysis of copyright and freedom of expression • music licensing in the digital age • the role of copyright in stimulating cultural development • internet distribution of copyright material • the problems of licensing museum images. International in scope and offering views from both academics and practitioners, this book will interest and inform economists, lawyers and policymakers alike. Commercial managers and business analysts involved with copyright would also benefit from reading this comprehensive yet accessible book.

In this paper we show that the terms of the debate on copyright remain unchanged since the origins of copyright laws (Locke vs. Bentham). But digitization amplifies conflicts of interest at different levels and throughout the value chain: between artists and publishers or producers, between incumbent companies and Internet giants, between consumers and artists, and between European State Members, as happened during the 2018-19 discussion in the European institutions around a partial copyright reform. The controversial nature of the debate about copyrights is due to the fact that the question refers finally to the financing of culture and to the grounds of cultural policies. Protection of copyrights is crucial for cultural policies but the old compromise between protection and dissemination is probably obsolete. Two alternative ways of reform are suggested in the conclusions.

The academic library community has been at the center of the copyright wars, advancing the interests of students and faculty. Digital and network technologies, the licensing of electronic content, and the globalization of copyright have combined to challenge our traditional views of intellectual property. New laws and legislation over the past decade have threatened the sustenance of fair use and key exceptions to copyright. We must re-commit to the education of our campuses, to political advocacy, and to collective