scholarly journals A Quick and Inexpensive System for Resolving Digital Copyright Disputes

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Dispute Resolution ◽  
Initial Response ◽  
File Sharing ◽  
Copyright Law ◽  
Digital Copyright ◽  
P2p File Sharing ◽  
Resolution System ◽  
System P ◽  
Enforcement Costs ◽  
Dispute Resolution System

We have argued elsewhere that peer-to-peer (p2p) file sharing posessignificant new challenges to the enforcement of copyright law. Copyrightowners' initial response to these challenges - to try to shut down thetechnologies that facilitate file sharing - is bad for society. Wesuggested that it would be preferable to lower enforcement costs forcopyright owners by making dispute resolution by copyright owners againstdirect infringers quick and cheap, so that copyright owners would be moreinclined to pursue such direct infringers instead of suing innovators.While enforcement costs are likely always to be too great to allow pursuitof every infringer, lower costs would allow for enforcement against moreinfringers, increasing any given infringer's chance of being sued. In thisarticle, we explain how such a dispute resolution system might work, andpropose a draft amendment to the copyright act to implement the system.

Digital Copyright

2017 ◽  
Author(s):  
Jessica Litman
Keyword(s):  
Motion Picture ◽  
General Public ◽  
File Sharing ◽  
Peer To Peer ◽  
Copyright Law ◽  
Information Policy ◽  
Free Society ◽  
Digital Copyright ◽  
Exchange Of Information ◽  
Copyright Laws

The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane. But copyright is central to our society’s information policy and affects what we can read, view, hear, use, or learn. In 1998 Congress enacted new laws greatly expanding copy owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights laws have resulted in highly publicized legal battles between established media, including major record labels and motion picture studios, and upstart internet companies such as MP3.com and Napster.In this book, I question whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society? My critique exposes the 1998 copyright law as an incoherent patchwork. I argues for reforms that reflect the way people actually behave in their daily digital interactions.The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.

Designing an Effective Dispute Resolution System

1988 ◽  
Vol 4 (4) ◽  
pp. 413-431 ◽  
Author(s):  
William L. Ury ◽  
Jeanne M. Brett ◽  
Stephen B. Goldberg
Keyword(s):  
Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

scholarly journals TOWARDS AN EFFECTIVE KENYAN LABOUR DISPUTE RESOLUTION SYSTEM: A COMPARISON WITH THE SOUTH AFRICAN LABOUR DISPUTE RESOLUTION SYSTEM

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
Johana K Gathongo ◽  
Adriaan van der Walt
Keyword(s):  
Dispute Resolution ◽  
Comparative Approach ◽  
Labour Relations ◽  
Resolution System ◽  
Labour Dispute ◽  
Wide Range ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Government ◽  
Dispute Resolution System

There have been notable concerns in the current dual dispute resolution system in Kenya. The problems include protracted referral timeframes for dismissal disputes, non-regulation of maximum timeframes for the agreed extension after 30 days conciliation period has lapsed, the absence of statutory timeframes for appointing a conciliator/ commissioner and arbitration process under both the Labour Relations Act, 2007 and the Employment Act, 2007. Likewise, the responsibility of resolving statutory labour disputes in Kenya is still heavily under the control of the government through the Ministry of Labour. There is still no independent statutory dispute resolution institution as envisaged by the Labour Relations Act, 2007. As a result, the Kenyan dispute resolution system has been criticised for lack of impartiality leading to the increase in strikes and lockouts.This article examines the effectiveness of the Kenyan labour dispute resolution system. The article evaluates the provisions of international labour standards relevant to labour dispute resolution. The article illuminates and describes the bottlenecks in the current Kenyan system and argues that it does not adequately respond to the needs of parties in terms of the international labour conventions. A comparative approach with South Africa is adopted to see how independent institutions, such as the Commission for Conciliation, Mediation and Arbitration, Bargaining Councils and specialised Labour Courts can lead to effective dispute resolution. In view of that, a wide range of remedial intervention intended to address the gaps and flaws highlighted in the study are made. Systematically, the article provides suggestions and possible solutions for a better institutional framework and processes to address them.

scholarly journals Złożenie skargi przez konsumenta za pośrednictwem ODR (Online Dispute Resolution) – internetowego systemu rozstrzygania sporów

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The Other ◽  
Online Dispute Resolution ◽  
Other Hand ◽  
Resolution System ◽  
Wide Range ◽  
Technical Innovations ◽  
Modern Form ◽  
Dispute Resolution System

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.

Sign in / Sign up

Export Citation Format

Share Document