Book Description
While the public and the media have been distracted by the story of Napster, warnings about the evils of "piracy," and lawsuits by the recording and film industries, the enforcement of copyright law in the digital world has quietly shifted from regulating copying to regulating the design of technology. Lawmakers and commercial interests are pursuing what might be called a technical fix: instead of specifying what can and cannot be done legally with a copyrighted work, this new approach calls for the strategic use of encryption technologies to build standards of copyright directly into digital devices so that some uses are possible and others rendered impossible. In Wired Shut, Tarleton Gillespie examines this shift to âtechnical copy protection" and its profound political, economic, and cultural implications.
Gillespie reveals that the real story is not the technological controls themselves but the political, economic, and cultural arrangements being put in place to make them work. He shows that this approach to digital copyright depends on new kinds of alliances among content and technology industries, legislators, regulators, and the courts, and is changing the relationship between law and technology in the process. The film and music industries, he claims, are deploying copyright in order to funnel digital culture into increasingly commercial patterns that threaten to undermine the democratic potential of a network society.
In this broad context, Gillespie examines three recent controversies over digital copyright: the failed effort to develop copy protection for portable music players with the Strategic Digital Music Initiative (SDMI); the encryption system used in DVDs, and the film industry's legal response to the tools that challenged them; and the attempt by the FCC to mandate the "broadcast flag" copy protection system for digital television. In each, he argues that whether or not such technical constraints ever succeed, the political alignments required will profoundly shape the future of cultural expression in a digital age.
Book Description
China is by far the world's leading producer of pirated goods--from films and books to clothing, from consumer electronics to aircraft parts. As China becomes a full participant in the international economy, its inability to enforce intellectual property rights is coming under escalating international scrutiny.
What is the impact, Andrew C. Mertha asks, of external pressure on China's enforcement of intellectual property? The conventional wisdom sees a simple correlation between greater pressure and better domestic compliance with international norms and declared national policy. Mertha's research tells a different story: external pressure may lead to formal agreements in Beijing, resulting in new laws and official regulations, but it is China's complex network of bureaucracies that decides actual policy and enforcement. The structure of the administrative apparatus that is supposed to protect intellectual property rights makes it possible to track variation in the effects of external pressure for different kinds of intellectual property.
Mertha shows that while the sustained pressure of state-to-state negotiations has shaped China's patent and copyright laws, it has had little direct impact on the enforcement of those laws. By contrast, sustained pressure from inside China, on the part of foreign trademark-owners and private investigation companies in their employ, provides a far greater rate of trademark enforcement and spurs action from anti-counterfeiting agencies.
Customer Reviews:
IP in China, a primer.......2006-06-14
Andrew Mertha's book made my life harder. Deep in the writing of a paper on Chinese intellectual property, I received word that his book was available days before a deadline. That alone makes him a target of my ire. But ultimately, my research benefited from this book.
Mertha weaves a tale that utilizes anecdotes and current research to show how government policy towards IP in China is changing while cultural notions of IP remain unformed. Laws are enforced, but only from the top down. Does this mean China is failing at enforcement? Not fully. What it means, according to Mertha and my own research, is that China is only now becoming convinced that IP has any positive benefits for its own development, now that Chinese nationals are themselves begin to become creators and owners of property and ideas they want to protect. The government might yield to pressure from the international community to enact laws, but real change, when IP is recognized to have benefits for China, will only occur as the Chinese become more savvy creators, writers, and inventors.
I recommend this book for anyone interested in the engaging, if highly academic, field of intellectual property.
Average customer rating:
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Enforcement of Intellectual Property Rights through Border Measures: Law and Practice in the EU
Manufacturer: Oxford University Press, USA
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Binding: Hardcover
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ASIN: 0199288798 |
Book Description
This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime, the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union. The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc.) (by Prof. Daniel Gervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins); (iii) the main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of the European Community; (iv) the last Chapter of the book highlights the similarities and differences in the approaches adopted by the Member States when faced with infringements of intellectual property rights at the borders, and attempts to emphasize how these are relevant to right-holders when defining their strategies in the fight against such infringements. This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community.
Download Description
"Digital piracy. It's a global war. It touches you every day, even if you've never downloaded an MP3. And it's just begun.
It's a war between media conglomerates and teenagers. A battle to the death between billion-dollar tech companies and billion-dollar content providers. It's artists battling artists, nations battling nations.
This book covers it all. Every side. All the implications. The economics. The law. The ethics. The players. And above all, the realities¿including the extraordinary findings of a new 57-country digital piracy research project and fresh survey and focus group research conducted specifically for this book.
The media universe is shaking to its very foundations. One book helps you make sense of what's happened and what's next: Pirates of the Digital Millennium.
The war over digital piracy and intellectual property is being fought everywhere on earth. It's the world's #1 technology story. It just might be today's #1 culture and entertainment story, too.
Now, best-selling authors John Gantz and Jack Rochester take on the subject from every side: culture, ethics, law, business, even geopolitics.
They start with facts, not uninformed opinion: facts drawn from IDC's unprecedented 57-country survey of digital piracy and its impact, as well as fresh focus group and survey research conducted specifically for this book. You'll travel from the streets of Bangkok to the halls of Congress, secret duplicating factories in Paraguay to America's suburban bedrooms. You'll discover what ""fair use"" really means, then sort through the morality of digital copying.
You'll hear every side of the debate. You'll also hear something unprecedented in debates about piracy: some real, fair solutions.
Will big media survive?
Can you sue your customers into submission?
The cultural impact of strict copyright law
Does strict copyright law protect creativity¿or shackle it?
Are we killing our #1 export market?
If we can't export creative content, what can we export?
DMCA: The secret history
Making political sausage: How the Digital Millennium Copyright Act made it through Congress
Eliot Ness or the Keystone Kops?
Law enforcement versus piracy: shoveling against the tide
Through the fog: The future of intellectual property
Sensible ""grand compromises"" that just might work"
Customer Reviews:
Good Read, Though Somewhat Misses the Forest For the Trees.......2007-01-08
Interesting; well written, and a good read. However, I feel they miss one point: they seem to have negative opinions of technology aimed at preventing digital media piracy, suggesting that it is indirect conflict with the doctrine of fair use.
What they fail to understand, or choose to ignore, is the fact that digital media should really be considered a non-rival good (meaning, I can make a copy of it, give it away or put it up on a filesharing program, at no cost to myself). The idea of fair use is to allow the user to use purchased property in whatever manner they choose; however, this doctrine doesn't take into consideration that most digital media, once purchased, really allows for an infinite number of replicas to be made. Therefore, the fair use doctrine has to apply differently in the case of intellectual property and digital media; it simply must be understood that the rights one is granted when purchasing digital media are different then those granted with other types of property.
Anyways, good read, recommended.
A Pirates Life For Me.......2005-05-27
This book is a description of controlling a barrel of monkeys. The authors tackle the complex and almost untamable world of intellectual property piracy. To their credit this is a very accessible book, they left the detailed legal opinions on the cutting room floor. They also cover the subject in a rather even handed way. At first they were falling onto the side I fall onto, that any of this downloading etc is stealing plain and simple. They end up with a far more mellowed view and they almost convinced me along the way.
They give the reader a nice overview of what constitutes the new world of digital piracy. They cover everything from a teenager downloading a new song to Asian mafia types counterfeiting Microsoft code. It is very enlightening to say the least. They go on to cover topics such as how is software created, the current laws, and who and where is the major counterfeiting taking place. I really liked the chapter on the current ineffective and almost nonexistent law enforcement efforts. Arresting ten high school kids for downloading songs while millions of versions of counterfeit software packages come into the country each year highlights the joke of the law enforcement effort.
While I might not have come to completely agree with the authors suggested middle road approach, I did find the book very enjoyable. The book is easy to read and moves along at a nice pace. You learn a good deal from it also. If you are interested in the topic then this is a book that is well worth your time. Just make sure you get an authentic copy.
A Complex Problem Indeed.......2005-04-25
In Pirates of the Digital Millennium, co-authors Rochester and Gantz tackle a subject with many far-reaching facets, and artfully illuminate the players, their motives, and their means.
The book starts with an excellent primer on intellectual property and copyright laws, which is vital for helping the lay reader understand the chapters ahead, and spells out some key underlying points (e.g. copyright laws have always been there to protect the publisher fat cats, not the artists, and most of the world's population lives without intellectual property laws!).
As the chapters go on we're taught about how companies lose money to pirating, who is doing the pirating (organized pirating rings, mostly in developing countries, are doing most of the damage), and what's being done to minimize it. The authors intelligently criticize the methods the music industry has used, like suing 12-year-olds, as well as the Digital Millennium Copyright Act. They offer alternative strategies such as being one step ahead of the downloaders and creating pay-downloading sites that are better than the ones currently available for free.
The case is made that pirating really is ethically wrong, but it's also acknowledged that most people don't think it's wrong enough to keep them from doing it.
Since the data on digital piracy are sparse, the authors have commissioned some studies of their own, and used interviews with students, friends, and relatives to fill in the rest.
My one criticism of the book is that the authors seem to have a reverence for the software industry that they don't feel for its movie and music counterparts. An entire chapter is devoted to what goes into making a software package at Microsoft, and I got the feeling that the authors were really tickled to be there documenting the process. While it's repeatedly noted that CDs are overpriced at $20, there's no mention of the bloated price of software (how about $600 for Photoshop?).
In sum, the book educates the reader on the issues and leaves it up to him to decide whether or not to pirate media, and to do something about the silly laws that have been enacted to stop piracy (and that restrict our personal freedoms). The reader is left educated and empowered.
Well written, balanced perspective.......2005-01-06
The digital rights management problem is complex. Consumers have a right to own what they buy, and fairly use it. And commercial companies and artists have a right to make money on products that consumers are willing to pay for. Finding the right balance is complex, and that's what this book sets out to do.
It's a relatively quick read at about three hundred pages. If you read just the first portion of the book you would believe that the author is firmly in league with the companies. He lays out in grim detail the cost of piracy at an economic level. In the later chapters he does a good job representing the consumer perspective and advocating for our rights.
He finishes up with a well reasoned proposal for striking a balance between these two warring factions. Companies want to make money. People want to own stuff. Cant' we all just get a long?
Great book. Comprehensive & Illuminating.......2004-12-06
While most of us have probably engaged in some form of digital piracy - be it mp3 downloading or CD burning/sharing - I think few of us actually understand the legal or moral ramifications surrounding these activities. In 'Pirates of the Digital Millenium', Gantz and Rochester offer a balanced and revealing perspective on all of these issues and encourage a rethinking of the problems surrounding digital piracy and copyright.
'Pirates of the Digital Millenium' starts off by discussing the history of piracy (of written media) and copyright law. It then proceeds to analyze the recent explosion of digital piracy from the multiple perspectives, including those of the music industry, the artists, and the consumers themselves. I was surprised to learn about the striking similarities between instances of piracy in the 1800s and in the current day - how divides exist between artists/authors, publishers and consumers, and how copyright laws cater only to the economic needs of the industry.
While highlighting historical similarities, Gantz and Rochester emphasize that digital piracy is a new phenomenon that will require radically new mechanisms of control; as demonstrated by the recent actions of the RIAA against music downloaders, existing methods of law-enforcement do not work against digital piracy. At the same time, Gantz and Rochester calls on the digital media industry to stop demonizing consumers - college students in particular - and start finding new ways to distribute their media in a way that addresses people's needs.
This book is a great read. It is well written, rich with interesting information and persuasive in its arguments for better solutions to the problems at hand.
Average customer rating:
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Copyright and Economic Theory: Friends or Foes? (Elgar Monographs)
Richard Watt
Manufacturer: Edward Elgar Publishing
ProductGroup: Book
Binding: Hardcover
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ASIN: 1840643129 |
Book Description
In the past, economists have not always been able to agree on the idea that copyright is an efficient way of protecting cultural intellectual property. Indeed, many economists argue that copyright is not even necessary. In Copyright and Economic Theory a rigorously extensive yet simplified economic theory of copyright piracy is presented, and used to analyse important aspects of intellectual property transactions including the royalty contract, optimal copyright law, and copyright collectives. The author also analyses important areas of discussion in copyright, such as how can it be that a certain degree of piracy is beneficial, not only socially, but also for copyright holders and producers of originals? Are linear royalty contracts optimal? How many copyright collectives should a given economy have? Would a copyright collective prefer to act as a leader or a follower in a Stackelberg duopoly?
The book analyses and contrasts existing theories concerning the economic theory of copyright, and presents a simple economic model in which copyright can be effectively studied, considering all principal areas of interest in copyright.
This book will be fascinating reading for academics in economics, law and industrial organisation as well as for legal professionals including lawyers, copyright collectives and relevant governmental organisations.
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Cultural Control and Globalization in Asia: Copyright, Piracy, and Cinema (Routledgecurzon Media, Culture and Social Change in Asia)
Laikwan Pang
Manufacturer: Routledge
ProductGroup: Book
Binding: Hardcover
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ASIN: 0415352010 |
Book Description
This book challenges the prevailing view of cinema and cinema culture that Hollywood/the US creates, produces and exports, with other countries importing, sometimes modifying and sometimes pirating 'original' American work. Instead the book argues that the 'original ideas' which underpin the moneymaking activities of the 'creative industries', and for which 'ownership' is secured through copyright, are often imported, 'borrowed' and modified by Hollywood itself from other cultures and national cinemas. The book considers especially Chinese and Korean cinema, and film 'piracy' in these countries, to show that ideas of cultural ownership and copyright are not as straightforward as they may at first seem, and that copyright is perhaps primarily a lever through which cultural control is exercised by the cultural big business of the dominant power.
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Digital Rights Management: The Problem of Expanding Ownership Rights
Christopher May
Manufacturer: Chandos Publishing (Oxford) Ltd
ProductGroup: Book
Binding: Hardcover
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ASIN: 1843341859 |
Book Description
Summary: This book examines the social context of new digital rights management (DRM) technologies in a lively and accessible style. It sets out the scope of DRM in non-technical terms and then explores the shifts that DRM has produced within the regime of protection of intellectual property rights (IPRs). Focusing on the social norms around the protection of IPRs, it examines the music industry and software development sector to ask whether the protections established by DRM are legitimate and socially beneficial. Using these key examples to establish a more general argument, the book's central conclusion is that rather than merely re-establishing threatened rights, the development of DRM has extended the rights of intellectual property owners, and that such an extension violates previous carefully balanced political compromises as regards the maintenance of the public domain. Key Features: 1. Places DRM in its political context 2. Sets out the social impact of a new and important technology 3. Accessible and clearly written for a non-technical audience 4. Based on author's extensive research on the political economy of IPRs and information technology The Author: Professor Christopher May is based at the University of Lancaster. His books include A Global Political Economy of Intellectual Property Rights. The New Enclosures and The Information Society. A Sceptical View. He has published widely on intellectual property rights. Readership: This book is aimed at information professionals, librarians, copyright lawyers, technology scholars and campaigners concerned with information society issues around the protection and maintenance of the information commons (or public domain). Contents: Introduction: setting the scene: Intellectual property and social norms: markets, property and history; scarcity, withholding and the global 'problem' of intellectual property Digital rights management - two trajectories: the problem of 'fair' use; the challenge of digital rights management Digital rights management and the overprotection of rights and the expansion of open alternatives
Product Description
In 2004, the U.S. government estimated that piracy within China cost American companies $20-24 billion a year. While the Chinese government, since joining the WTO, has made greater efforts to halt piracy, successes have been minimal since China is first grappling with the creation of a modern legal structure that includes laws, enforcement mechanisms and a dispute resolution processes.
The 140-page report analyzes the steps that large multi-national corporations are taking to protect their patents, copyrights and trademarks. It offers a number of case studies and detailed descriptions of actions taken by these corporations. Also available in paperback.
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The Law of Piracy
Alfred P. Rubin
Manufacturer: Transnational Pub
ProductGroup: Book
Binding: Hardcover
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ASIN: 1571050353 |
Book Description
Piracy on the high seas is not a thing of the past. Although it is not much in the public eye, it is still, as it always has been, a significant threat to international trade. But should there be an international piracy law regime? In this classic study, now in its second edition, Professor Rubin thinks not. The phenomenon has many diverse roots in contemporary affairs, and the dangerous blurring of important legal distinctions (e.g., criminal and political) is all too likely. This is an important book for students and policymakers in the important and growing area of the law of the sea.
Average customer rating:
- Great title but it's a very disappointing book.
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Patents, Profits & Power
Curtis Cook
Manufacturer: Kogan Page
ProductGroup: Book
Binding: Hardcover
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ASIN: 0749436417 |
Book Description
* Highlights the hazards facing intellectual property protection in the information age.* IBM estimates profits from licensing technologies in 2000 were $1.5 billion.* US pharma industries estimate losses of $500 million a year due to poor patent protection.* International in its scope, includes international enforcement mechanisms* Uses case studies and examples to support the text.The value of today's businesses is in the collective knowledge and innovation of their employees and leaders. Consequently, intellectual property (IP) protection has become the focus of considerable legal and regulatory attention, at both national and international levels. This exploration of the rapid development of IP in the global economy reveals theft, piracy and infringements of IP rights at every level, from the state to the individual. Curtis Cook examines the less desirable players on the world stage, why they choose to defy the law, how the rest of the world is responding, and how you can survive and thrive in this environment.On the way he looks at the way that intellectual property rights have rapidly expanded in the last 100 years, how intellectual assets have become the new wealth, how global IP enforcers are losing the battle to protect intellectual property against rogue nations, why intellectual property at cyberspeed is a different game, and how the intellectual property regime is being undermined.Fully international in its scope and subject matter, "Patents, Profits and Power" highlights the hazards facing intellectual property protection in the information age. Packed with international case studies and examples, this unique title will prove an invaluable source for anyone who creates forprofit... or power.
Customer Reviews:
Great title but it's a very disappointing book........2006-12-21
I had great expectations when I ordered this book based on it's title - but it quickly disappointed. On page 39 under the heading PATENTS it explains that "A patent is a time-limited, exclusive right that is granted for an invention" duh? I think I already KNEW THAT! You get the picture? It's a very elementary book - you'd have to be absolutely green not to know most of the stuff in this book. Except for the fact that half of it is full of legal blurb about Geneva convention, Rome convention, Nairobi(?) Treaty and loads of useless information. Nothing dynamic about how companies with a decent patent portfolio can ACTUALLY capitalise or profit as the title suggests. A useless book.
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