scholarly journals Legal-Ware: Contract and Copyright in the Digital Age

2017 ◽  
Author(s):  
Michael J Madison
Keyword(s):  
Computer Software ◽  
Information Use ◽  
Digital Age ◽  
Computer Programs ◽  
Public Domain ◽  
Information Policy ◽  
Fair Use ◽  
The Internet ◽  
Commercial Law ◽  
The Public

ProCD, Inc. v. Zeidenberg, which enforced a shrinkwrap license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds rather than resists this trend. This article argues that instead of regulating shrinkwrap itself, reinforcing an adjudicative environment that focuses on public values inherent in copyright and information policy is the best means of preserving fair use and the public domain as meaningful concepts.

Copyright and the Commons

2017 ◽  
pp. 106-126
Author(s):  
Erika Balsom
Keyword(s):  
Visual Culture ◽  
Public Domain ◽  
Fair Use ◽  
Moving Image ◽  
The Public ◽  
The Commons ◽  
Digital Reproduction ◽  
Cultural Commons ◽  
Made In ◽  
Do So

This chapter interrogates how artists’ moving image has grappled with the increased ridigification of copyright that has occurred over the last two decades. Many artists champion the freedom to reuse copyrighted materials, but fail to interrogate the particular circumstances that it make possible for them to do so without retribution, while simultaneously avoiding an engagement with the significant encroachments on fair use and the public domain that have been implemented as part of new copyright legislation that seeks to control the unruliness of digital reproduction. As a counterpoint to such positions, this chapter examines Ben White and Eileen Simpson’s Struggle in Jerash (2009), a work made by repurposing a public domain film of the same title made in 1957 in Jordan. Simpson and White contest the increasing privatization of visual culture, insisting on the wealth of the cultural commons precisely as it is under threat.

30. Computer technology and intellectual property

2019 ◽  
pp. 594-628
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Computer Technology ◽  
Patent Protection ◽  
Computer Software ◽  
Computer Programs ◽  
Computer Hardware ◽  
The Internet ◽  
Semiconductor Chip

This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.

How Actuaries Can Use Financial Economics

1996 ◽  
Vol 2 (5) ◽  
pp. 1057-1193 ◽  
Author(s):  
A.D. Smith
Keyword(s):  
Financial Economics ◽  
Worked Examples ◽  
Computer Code ◽  
Public Domain ◽  
Development Work ◽  
The Internet ◽  
New Techniques ◽  
The Public ◽  
Actuarial Methods

ABSTRACTThere has recently been some debate about the usefulness of financial economics to the actuarial profession. The consensus appears to be that the techniques are potentially valuable, but the published material is not quite ‘oven ready’. Some development work is required before the material can be applied.The author has carried out much of the necessary development work on behalf of various clients over the last few years. On some occasions the results have conflicted with more conventional actuarial methods. The main aim of the paper is to bring the new techniques into the public domain so that they can be properly discussed by the profession, and adopted more widely if appropriate.The paper contains a number of worked examples using techniques developed by financial economists. The author has listed the computer code which generated the examples and deposited copies on the Internet, so that others can explore the issues with a minimal development overhead.

Digital Cinema

2013 ◽  
pp. 11-44 ◽  
Author(s):  
Thomas Elsaesser
Keyword(s):  
Digital Media ◽  
Digital Age ◽  
Public Spaces ◽  
The Internet ◽  
Special Effects ◽  
The Public ◽  
Digital Cinema ◽  
The Past ◽  
Recorded Sound ◽  
Heterogeneous Ensemble

This article appears in the Oxford Handbook of Sound and Image in Digital Media edited by Carol Vernallis, Amy Herzog, and John Richardson. Given the dominance of television and the internet, how can the cinema hold its ground among the public spaces and private occasions where cinema, television, and digital media compete with each other for audiences and attention? Is “digital cinema” a radical break, a contradiction in terms, or merely cinema by other means, essentially the same heterogeneous ensemble of technologies, special effects, and broad public appeal it has been for the past hundred years? This essay considers these questions in a broader context, examining, among others, whether cinema, television, recorded sound, and digital media belong together at all, considering their very different histories. The first half of the essay deals with multimedia convergence; the second half takes up the contradictory dynamics of digital cinema. The conclusion briefly addresses the epochal or epistemic changes associated with terms such as renaissance or revolution that the digital age is usually associated with.

Open Educational Resources in Africa

2021 ◽  
pp. 108-120
Author(s):  
Stephen Tsekea
Keyword(s):  
Open Access ◽  
Public Domain ◽  
Open Educational Resources ◽  
The Internet ◽  
Learning Resources ◽  
Digital Learning ◽  
Publicly Funded ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Digital Learning Resources

The open access movement came as a result of the rising cost of learning materials and the need for having publicly funded research or works available on the public domain. This is a movement which is in support of having educational learning resources freely available on the internet. Despite the intellectual properly issues surrounding use of learning resources, many institutions in Africa are adopting these digital learning resources. The chapter documents how the OER movement started, its advantages and disadvantages, copyright and licensing issues, models, and challenges in adopting OERs.

scholarly journals Academic Special Collections and the Myths of Copyright

2019 ◽  
Vol 3 (3) ◽  
pp. 1-19
Author(s):  
Teresa Auch Schultz ◽  
Dana Miller
Keyword(s):  
Public Domain ◽  
Copyright Law ◽  
Fair Use ◽  
Third Party ◽  
Research Libraries ◽  
The Public ◽  
Association Of Research Libraries ◽  
Special Collections ◽  
Policy Statements ◽  
Domain 4

This study compares the copyright and use policy statements posted on the websites of the special collections of Association of Research Libraries member libraries. In spring 2018, 99 academic special collections websites were viewed, and data was collected based on the following: 1) presence and content of a general copyright statement; 2) mention of copyright owners besides the special collections; 3) presence and accuracy of statements regarding fair use and public domain; 4) policies for patron-made copies; 5) whether the special collections required its permission and/or the copyright owner’s permission to publish; 6) whether any use or license fees were charged and how clearly fees were presented. Authors analyzed whether these policies reflect copyright law or went beyond it, unnecessarily restricting the use of materials or imposing fees where rights are in question. A majority of the sites included general copyright statements, mentioned other copyright owners, and mentioned fair use, but only a minority mentioned the public domain. Just more than half restricted how patrons could use patron-made copies. About half required the special collections’ permission to publish a copy, and a fifth said any third-party owner’s permission was also required for publication.

Öffentliches Wirtschaftsrecht im digitalen Zeitalter

2021 ◽  
Keyword(s):  
Digital Age ◽  
Social Progress ◽  
Legal Systems ◽  
Commercial Law ◽  
The Public ◽  
Legal Questions ◽  
Geographical Distances ◽  
Further Development

Like all sectors of society, the process of digitalization means severe challenges for the public commercial law, too. How can this field of law, which once used to be a pioneer of social progress, be transformed into the digital age? This compilation fields essays from academics from three countries whose legal systems share many similarities, despite their geographical distances: Taiwan, Austria and Germany. The authors focus on the legal questions in public commercial law raised by the process of digitalization and offer suggestions for the further development of their field of law from different insights. With contributions by Prof. Dr. Jörg Ennuschat, Univ.-Prof. Dr. Stefan Storr, Prof. Dr. Chen-Jung Chan, Distinguished Prof. Dr. Chien-Liang Lee, Asst.-Prof. Tung-Ying Lee, Shiang-Bor Huang and Leonie Plogmann.

PERANGKAT LUNAK KOMPUTER

2020 ◽  
Author(s):  
Maulidia Syahmi
Keyword(s):  
Computer Software ◽  
Computer Programs ◽  
The Internet ◽  
Real Form ◽  
Physical Form

ABSTRAKPerangkat lunak (Software) merupakan suatu istilah khusus yang dipakai pada data yang diformat. Serta disimpan secara digital yang di dalamnya meliputi program komputer, dokumentasinya, serta segala informasi yang bisa ditulis dan dibaca oleh komputer. Software juga dapat disebut sebagai sebuah bagian sistem dalam komputer yang tidak memiliki wujud nyata. Karena dikatakan sebagai software, maka software itu memiliki sifat yang jauh berbeda dengan dengan perangkat keras (hardware). Apabila hardware adalah perangkat yang nyata, dapat dilihat dengan mata yang jelas, sekaligus dapat dipegang secara langsung.Maka hal itu tidak berlaku pada software, sebab software tidak bisa dipegang dan dilihat secara fisik bentuknya. Meski software tidak nampak secara nyata dalam bentuk fisik, akan tetapi software dapat dijalankan dan dioperasikan dengan baik.Dengan adanya perangkat ini, bisa menggunakan komputer sebagaimana mestinya. Untuk membuat tugas sekolah, untuk mengakses internet, untuk memutar audio, dan masih banyak lagi yang bisa kita lakukan.Kata Kunci : Perangkat lunak komputer ABSTRACTSoftware is a special term used in formatted data. And digitally stored inside which include computer programs, documentation, and all the information that a computer can write and read. Software can also be referred to as a part of a system in a computer that has no real form. Being called software, it is said to be software that is quite different from hardware. When hardware is a real device, it can be seen with clear eyes and can be held directly. It does not apply to software, as it cannot be handled and physically looked at. While software does not appear in real physical form, it is, however, viable and well-operated. With this device, it can use computers as it should. To create schoolwork, to access the Internet, to play audio, and there is much more we can do.Keywords : Computer software

scholarly journals Essential health information available for India in the public domain on the internet

2009 ◽  
Vol 9 (1) ◽  
Author(s):  
Magdalena Z Raban ◽  
Rakhi Dandona ◽  
Lalit Dandona
Keyword(s):  
Health Information ◽  
Public Domain ◽  
The Internet ◽  
The Public

scholarly journals Convergence in the Law of Software Copyright?

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Copyright Protection ◽  
Computer Software ◽  
Good Deal ◽  
Computer Programs ◽  
Copyright Law ◽  
Fair Use ◽  
Unified Approach ◽  
Software Copyright ◽  
The Law

Virtually all the courts to consider non-literal infringement of softwarecopyrights have lined up with the “narrow constructionists,” engaging in“analytic dissection” of computer programs in order to determine whetherany copyrightable expression has actually been copied. Most commonly, thisanalytic dissection has taken the form of the“abstraction-filtration-comparison” test set forth in Computer Associatesv. Altai. While there are still a few courts in which the “total conceptand feel” approach remains the law, the approach is moribund: since Altaiwas decided, no court has endorsed the broader “total concept and feel”approach.Rather than ending, the debate over software copyright law appears to beshifting its focus. Having finally resolved the debate that has beenplaguing software copyright law since its inception, courts are discoveringto their chagrin, that deciding what test to apply actually tells you verylittle about how to apply that test. Despite the convergence of courts onAltai's filtration approach, courts remain fundamentally conflicted indeciding how broadly to protect software copyright. Further, there remainsa good deal of misunderstanding about what exactly it means to “abstract”and “filter” a computer program.I suggest a unified approach to evaluating non-literal infringement insoftware copyright cases. This approach focuses on exactly what is allegedto have been copied. It also acknowledges the increasing role of patent lawin protecting computer software, and the role of other copyright concernssuch as compatibility and fair use. The result of this unified approach isto provide relatively narrow copyright protection for computer programs inmost cases of non-literal infringement.

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