Santa Clara Computer and High-technology Law Journal
Author :
Publisher :
Page : 960 pages
File Size : 32,90 MB
Release : 2004
Category : Computers
ISBN :
Author :
Publisher :
Page : 960 pages
File Size : 32,90 MB
Release : 2004
Category : Computers
ISBN :
Author : D. Vaver
Publisher : Taylor & Francis
Page : 378 pages
File Size : 28,34 MB
Release : 2006
Category : Law
ISBN : 9780415330909
Author : Nikita Malevanny
Publisher : Springer Nature
Page : 438 pages
File Size : 23,86 MB
Release : 2019-08-30
Category : Law
ISBN : 3662596997
This book analyzes regulatory models established in the field of online music distribution, and examines their consistency with the overarching objectives of copyright law. In order to do so, the book takes a deep dive into the provisions of international treaties, EU Directives as well as the German and US copyright systems and case law. It subsequently scrutinizes the identified regulatory models from the standpoint of the copyright’s objectives with regard to incentives, rewards, a level playing field, and dissemination. Lastly, it endorses the improved market-based statutory license as a preferable instrument in the online music field. The book is intended for all readers with an interest in music copyright law. Part I will especially benefit copyright scholars and practitioners seeking in-depth insights into the current legal situation regarding streaming and downloading. In turn, Part II will above all appeal to scholars interested in “law and economics” and in the theoretical foundations of online music copyright. Policy recommendations can be found in Part III.
Author : Jonathan Clough
Publisher : Cambridge University Press
Page : 581 pages
File Size : 32,2 MB
Release : 2015-09-24
Category : Law
ISBN : 1107034574
A comprehensive doctrinal analysis of cybercrime laws in four major common law jurisdictions: Australia, Canada, the UK and the US.
Author : Wei Zhuang
Publisher : Cambridge University Press
Page : 469 pages
File Size : 37,22 MB
Release : 2017-06-01
Category : Law
ISBN : 1108211143
As the world confronts global warming, there is a growing consensus that the TRIPS Agreement could be a more effective instrument for mitigating climate change. In this innovative work, Wei Zhuang systematically examines the contextual elements that can be used in the interpretation of the TRIPS Agreement with a view to enhancing innovation and transfer of environmentally sound technologies. Zhuang proposes a balanced and pro-competitive interpretation that could be pursued by policymakers and negotiators. This comprehensive, multidisciplinary study will help academics and policymakers improve their understanding of the contemporary international legal regimes governing intellectual property rights, as well as innovation and transfer of environmentally sound technologies. It also offers practical guidance for further developing a legal system capable of responding to the challenges posed by climate change.
Author : Rolf H. Weber
Publisher : BRILL
Page : 208 pages
File Size : 28,78 MB
Release : 2021-10-18
Category : Law
ISBN : 9004480226
Global networks have become a major political, economic, and legal topic in discussions among the participants of the "global community". Around the world, governments, legal scholars, and practitioners are in the process of developing theories in respect of the regulation of the online world. These attempts are usually based on a given national "legal culture"; this approach, however, underestimates the importance of an "umbrella" concept. The purpose of this study accordingly consists in the comparative discussion of basic regulatory models (traditional government regulation, international agreements, self-regulation, code-based-regulation) and in the evaluation of their merits related to different topics that play a role in the online world (market entry, access, infrastructure stability, intellectual property, privacy, bad content, etc.). An easy solution is obviously not possible; however, a detailed examination on a comparative legal basis can give some insights for future regulatory initiatives.
Author : Tim W. Dornis
Publisher : Cambridge University Press
Page : 699 pages
File Size : 17,99 MB
Release : 2017-02-23
Category : Law
ISBN : 1107155061
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
Author : Orla Lynskey
Publisher : Oxford University Press
Page : 337 pages
File Size : 22,49 MB
Release : 2015-11-26
Category : Law
ISBN : 0191028061
Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.
Author : Jae Hun Park
Publisher : Edward Elgar Publishing
Page : 253 pages
File Size : 38,61 MB
Release : 2010-01-01
Category : Law
ISBN : 1849805482
Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.
Author : Juanita M. Branes
Publisher : Nova Publishers
Page : 182 pages
File Size : 20,69 MB
Release : 2007
Category : Business & Economics
ISBN : 9781600212208
The pace of US Technologies advancement is crucial to the US economy and its growth. Productivity and international competitiveness are important contributing factors. This book presents important analyses on patents, technology transfer and industrial competitiveness.