“Innovate First, Permission Later”

Google Rules ◽  
2020 ◽  
pp. 41-64
Author(s):  
Joanne Elizabeth Gray
Keyword(s):  
Technological Innovation ◽  
Subject Matter ◽  
Traditional Approach ◽  
Copyright Law ◽  
Social Progress ◽  
Policy Framework ◽  
Policy Agenda ◽  
Technological Advancement ◽  
Copyright Policy ◽  
Public Rights

This chapter provides a thorough exploration of Google’s copyright policy agenda. The traditional approach to copyright assumes permission from rightsholders is required to use copyright subject matter, unless the law provides otherwise. Google challenges this assumption. Google views copyright law from the perspective of an innovator and submits that a “permission first, innovate later” approach to copyright chills innovation. According to Google, to ensure continued technological advancement, copyright must be limited. Google’s copyright policy framework prioritizes public rights to access and engage with information and content, including strong and flexible exceptions to copyright and limitations on liability. Underpinning Google’s framework is a philosophy that technological innovation is virtuous, supporting economic and social progress.

scholarly journals Two Comparative Perspectives on Copyright's Past and Future in the Digital Age

2017 ◽  
Author(s):  
Timothy K Armstrong
Keyword(s):  
Historical Development ◽  
Historical Context ◽  
Copyright Law ◽  
Global Politics ◽  
Policy Makers ◽  
Copyright Policy ◽  
Digital Copyright ◽  
Social Interests ◽  
Contemporary Technology

This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some of the unique challenges contemporary technology poses to the law as well as the historically unprecedented obstacles that contemporary law raises to some forms of socially valuable innovation. Haggart’s book, in contrast, maintains a narrower focus on the contemporary era, yielding a superior accounting of the institutional and social interests now at stake in the global copyright debate, but fails in some respects to appreciate the ways in which the much lengthier course of historical development constrains future copyright policy-making. The review concludes by suggesting some respects in which both books might serve as valuable guides for copyright policy-makers at both the national and international levels.

Immersive Multimedia in Information Revolution

2019 ◽  
pp. 192-210
Author(s):  
Celia Soares ◽  
Emília Simão
Keyword(s):  
Social Media ◽  
Technological Innovation ◽  
Learning Systems ◽  
Modern World ◽  
Technological Advancement ◽  
Innovation In Education ◽  
Multimedia Education ◽  
Immersive System ◽  
External Stakeholders ◽  
The Impact

This chapter describes the immersive multimedia's role in our lives, educational activities, and business, and social media benefits from the growth of this emerging reality. Consequently, this chapter analyses the impact and the use for immersive multimedia in different contexts. In the modern world, technological advancement led to the discovery of the powerful application of multimedia. Education and learning systems have significant contribution to improve this field of research. This chapter is going to help expanded the knowledge and information about multimedia in general and immersive multimedia in particular, and its strong influences on education. How technological innovation can be used by external stakeholders to direct and promote innovation in education, how teaching can benefit from the proximity to technology, and how social networks can seize the advantages of an immersive system are some of the answers the authors try to find in this chapter.

scholarly journals An Autonomous EU Functionality Doctrine for Shape Exclusions

2020 ◽  
Vol 69 (6) ◽  
pp. 567-577
Author(s):  
Uma Suthersanen ◽  
Marc D Mimler
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
Public Interest ◽  
Subject Matter ◽  
Trade Mark ◽  
Copyright Law ◽  
Property Law ◽  
The European Union ◽  
Court Of Justice ◽  
Functionality Doctrine

Abstract Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary provisions within design and trade mark laws. More recently, European jurisprudence within copyright law in relation to conditions of protection has imported the same considerations so as to regulate the protection of shapes of products. This article explores the multitude of doctrinal and policy reasons underpinning shape exclusions and argues that the Court is consciously creating an EU autonomous functionality doctrine within intellectual property law. We also argue that the Court is building a European macro-rationale within these laws namely to ensure that protection does not unduly restrict market freedom and competition.

scholarly journals Evaluation and Policy Research on the Sustainable Development of China’s Rare Earth Resources

2018 ◽  
Vol 10 (10) ◽  
pp. 3792 ◽  
Author(s):  
Xuedong Liang ◽  
Meng Ye ◽  
Li Yang ◽  
Wanbing Fu ◽  
Zhi Li
Keyword(s):  
Sustainable Development ◽  
Rare Earth ◽  
Environmental Protection ◽  
Technological Innovation ◽  
Entropy Method ◽  
Evaluation Index System ◽  
Protection System ◽  
Social Progress ◽  
The Sustainable Development ◽  
Low Efficiency

As rare earth resources are indispensable raw materials for modern society, they have become strategic global reserve resources. Even though China is the world’s largest producer and exporter of rare earth, the industry has low efficiency and severe problems with over-exploitation and environmental pollution; therefore, there needs to be a greater focus on the sustainable exploitation of rare earth resources. This paper establishes an innovative evaluation index system for the sustainable development of China’s rare earth resources from six main aspects; economic development, social progress, environmental protection, technological innovation, rare earth development and utilization, and rare earth protection in which the indicators are assessed using an entropy method. Grey correlation analysis was used to evaluate China’s rare earth sustainable development level from 2006–2016, from which it was found that sustainable development was poor from 2006–2010 and marginally better from 2011–2016. The main factor affecting rare earth sustainable development in China was found to be the lag in the development of environment protection system and rare earth protection system. Policy recommendations for improving China’s rare earth protection, environmental protection, and technological innovation are proposed to guide government regulations and assist rare earth industry personnel.

scholarly journals The Limits of Copyright Office Expertise

2020 ◽  
Author(s):  
Aaron Perzanowski
Keyword(s):  
United States ◽  
Subject Matter ◽  
Expert Knowledge ◽  
The United States ◽  
Policy Recommendations ◽  
Copyright Policy ◽  
Back Seat ◽  
Subject Matter Expertise ◽  
Definition Of ◽  
Economic Competence

The mismatch between the expanding administrative and regulatory obligations of the United States Copyright Office and its limited institutional expertise is an emerging problem for the copyright system. The Office’s chief responsibility—registration and recordation of copyright claims—has taken a back seat in recent years to a more ambitious set of substantive rulemakings and policy recommendations. As the triennial rulemaking under the Digital Millennium Copyright Act highlights, the Office is frequently called upon to answer technological questions far beyond its plausible claims of subject matter expertise. This Article traces the Office’s history, identifies its substantial but discrete areas of expertise, and reveals the ways in which the Office has overstepped any reasonable definition of its expert knowledge. The Article concludes with a set ofrecommendations to better align the Office’s agenda with its expertise by, first, reducing the current regulatory burdens on the Office, and second, building greater technological and economic competence within the Office, better equipping it to address contemporary questions of copyright policy.

scholarly journals Technological Innovation and Competitive Advantage: Empirical Evidence from Large Telecommunication Firms

2021 ◽  
Vol 16 (10) ◽  
pp. 21
Author(s):  
Perpetua S. Wanaswa ◽  
Zachary B. Awino ◽  
Martin Ogutu ◽  
Joseph Owino
Keyword(s):  
Competitive Advantage ◽  
Technological Innovation ◽  
Service Providers ◽  
Management Practice ◽  
Linear Regression Analysis ◽  
Added Value ◽  
Policy Framework ◽  
Telecommunication Industry ◽  
Inferential Statistics ◽  
Cross Sectional Survey

Empirical research demonstrating the influence of technological innovation on competitive advantage has produced inconclusive results. This paper, therefore, aims to investigate the association amidst technological innovations and competitive advantage. Significant transformations have been evident in Kenya’s telecommunication industry for the last two decades, which has resulted in intense competition, and technological innovation has become the new face of competition among firms. The study applied the positivism philosophy and adopted the descriptive cross-sectional survey design. The target population comprised all 83 large licensed telecommunications service providers where census method was used. Both descriptive and inferential statistics were utilized in the analysis of data. Descriptive statistics comprised of frequencies, percentages, means, and standard deviations while inferential statistics used linear regression analysis which was employed in testing the hypothesis. Findings reveal a significant and positive influence of technological innovation on competitive advantage. Technological innovation explained the variations in competitive advantage. It is deduced from the findings that more technologically innovative telecommunication firms are likely to produce better products and services and consequently able to acquire more customers earning competitive advantage compared to less innovative telecommunication firms. The study presented notable implications on the policy framework, the strategic management practice, and theory implications in the telecommunication industry and beyond. At policy level, the Government of Kenya would benefit from the study by ensuring that policy makers and regulatory authorities in the telecommunication sector formulate policies that would promote technological innovation for enhancing competitive advantage. Managerial practitioners may consider institutionalizing innovation by creating the requisite direction and controls that enable the emergence of innovation and value creation for sustainable competitive advantage. The study findings’ implications further extended, supported, and added value on the theory adopted by the study.

scholarly journals Technological Innovation and Strategic Leadership Axis on Competitive Advantage of Telecommunication Enterprises

2021 ◽  
Vol 16 (9) ◽  
pp. 48
Author(s):  
erpetua S. Wanaswa ◽  
Zachary B. Awino ◽  
Martin Ogutu ◽  
Joseph Owino
Keyword(s):  
Competitive Advantage ◽  
Technological Innovation ◽  
Management Practice ◽  
Added Value ◽  
Policy Framework ◽  
Strategic Leadership ◽  
Telecommunication Industry ◽  
Sustainable Competitive Advantage ◽  
The Relationship

The study conceptualized a relationship between technological innovation and strategic leadership on competitive advantage. Technological innovation has been posited to influence performance competitive advantage however; this position has been largely tautological and hence required more empirical testing. Although implied, the role of strategic leadership in the relationship between technological innovation and competitive advantage has been largely lacking. The study, therefore, specifically sought to determine the moderating role of strategic leadership on the relationship between technological innovation and competitive advantage of large telecommunication enterprises (LTEs) in Kenya. Significant transformations have been evident in Kenya’s telecommunication industry for the last two decades, which has resulted in intense competition, and technological innovation has become the new face of competition among these firms. The target population comprised all 83 large telecommunication enterprises in Kenya and census was used. Both descriptive and inferential statistics were employed in data analysis. Strategic leadership was found to have a positive and significant influence on the relationship between technological innovation and competitive advantage. It is deduced from the findings that strategic leadership would affect the strength of the relationship between technological innovation and competitive advantage. This can be attributed to the importance of organizational leadership’s role as decision makers and key enablers of technological innovation among large telecommunication enterprises. The study presented notable implications on the policy framework, the strategic management practice, and theory implications in the telecommunication industry and beyond. At policy level, the Government of Kenya would benefit from the study by ensuring that policy makers and regulatory authorities in the telecommunication sector formulate policies that would promote technological innovation and strategic leadership for enhancing competitive advantage. Managerial practitioners may consider institutionalizing innovation and leadership by creating the requisite direction and controls that enable the emergence of innovation and value creation for sustainable competitive advantage. The study findings’ implications further extended, supported, and added value on the theories adopted by the study.

scholarly journals Beyond Invention: Patent as Knowledge Law

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Cultural Influences ◽  
The United States ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Starting Point ◽  
Invention Patent ◽  
Patentable Subject Matter

The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between these forms of intellectual property law and the roles of knowledge in society. Over time, explicit attention to that relationship has largely disappeared from the Court’s opinions. The article suggests that renewing consideration of the idea of a law of knowledge would bring some clarity not only to patentable subject matter questions in particular but also to much of intellectual property law in general.

scholarly journals The principle of Reformed intertextual interpretation

2006 ◽  
Vol 62 (2) ◽  
Author(s):  
Young Mog Song
Keyword(s):  
Subject Matter ◽  
Traditional Approach ◽  
Biblical Studies ◽  
New Criticism ◽  
Form Part ◽  
Death Of The Author

There has been a growing interest in intertextuality as a hermeneutical category in contemporary current biblical studies. The texture of a particular text is thickened and its meaning extended by its interplay with other texts, especially when the reader recognizes that the repetition of similar phrases and subject matter form part of an integral whole. The concept of intertextuality in this article firstly challenges the traditional approach that assumes that there is one meaning in a text that can be deduced when the author's intention is determined. Secondly, it disagrees with the New Criticism in which only the autonomous text plays the dominant interpretive role. The reader is considered to be merely a passive consumer of the text. Thirdly, it differs from the post-structural/deconstructional way which declares “the death of the author”.

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