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The digital dilemma : intellectual property in the information age

The digital dilemma : intellectual property in the information age (Loan 6 times)

Material type
단행본
Corporate Author
National Research Council (U.S.). Committee on Intellectual Property Rights and the Emerging Information Infrastructure.
Title Statement
The digital dilemma : intellectual property in the information age / Committee on Intellectual Property Rights and the Emerging Information Infrastructure, Computer Science and Telecommunications Board, Commission on Physical Sciences, Mathematics, and Applications, National Research Council.
Publication, Distribution, etc
Washington, D.C. :   National Academy Press,   c2000.  
Physical Medium
xxi, 340 p. : ill. ; 23 cm.
ISBN
0309064996
Bibliography, Etc. Note
Includes bibliographical references (p. 240-249) and index.
Subject Added Entry-Topical Term
Intellectual property -- United States. Copyright and electronic data processing -- United States. Information superhighway -- Law and legislation -- United States.
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010 ▼a 99069855
020 ▼a 0309064996
040 ▼a OML ▼c OML ▼d YAM ▼d NGU ▼d UKM ▼d OCL ▼d 211009
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049 1 ▼l 111181947
082 0 4 ▼a 346.73048 ▼2 21
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110 2 ▼a National Research Council (U.S.). ▼b Committee on Intellectual Property Rights and the Emerging Information Infrastructure.
245 1 4 ▼a The digital dilemma : ▼b intellectual property in the information age / ▼c Committee on Intellectual Property Rights and the Emerging Information Infrastructure, Computer Science and Telecommunications Board, Commission on Physical Sciences, Mathematics, and Applications, National Research Council.
260 ▼a Washington, D.C. : ▼b National Academy Press, ▼c c2000.
300 ▼a xxi, 340 p. : ▼b ill. ; ▼c 23 cm.
504 ▼a Includes bibliographical references (p. 240-249) and index.
650 0 ▼a Intellectual property ▼z United States.
650 0 ▼a Copyright and electronic data processing ▼z United States.
650 0 ▼a Information superhighway ▼x Law and legislation ▼z United States.
710 2 ▼a National Research Council (U.S.). ▼b Computer Science and Telecommunications Board.

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Preservation Stacks/B2)/ Call Number 346.73048 N277d Accession No. 111181947 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents


CONTENTS

EXECUTIVE SUMMARY = 1

1 THE EMERGENCE OF THE DIGITAL DILEMMA = 23

 An Enduring Balance Upset? = 24

 Scope of the Report = 27

 Origins of the Issues = 28

  Technology Has Changed : Digital Information, Networks, and the Web = 28

   Why Digital Information Matters = 28

   Why Computer Networks Matter : Economics and Speed of Distribution = 38

   Why the Web Matters = 39

  The Programmable Computer Makes a Difference = 43

  Technology Has Emerged into Everyday Life, Running Headlong into Intellectual Property = 45

  Intellectual Property Law Is Complex = 47

  Cyberspace Is an Odd New World = 49

 What Makes Progress Difficult? = 51

  Stakeholders' Interests Are Diverse = 51

  There Is a Variety of Forces at Work = 52

  Many Threads Are Intertwined : Technology, Law, Economics, Psychology and Sociology, and Public Policy = 53

  The Problems Are Global, with Differing Views, Laws, and Enforcement Around the World = 54

  Potential Solutions Have to Be Evaluated from a Variety of Perspectives = 58

 Road Map for the Report = 60

 Addendum : The Concerns of Stakeholders = 61

  Creators of Intellectual Property = 61

  Distributors = 65

  Schools and Libraries = 68

  The Research Community = 70

  The General Public = 71

  Other Consumers and Producers of Intellectual Property = 73

   Governmental Organizations = 73

   Private Sector Organizations = 74

   Journalists = 75

   Standards Organizations = 75

2 MUSIC : INTELLECTUAL PROPERTY'S CANARY IN THE DIGITAL COAL MINE = 76

 Why Music? = 77

 W(h)ither the Market? = 78

 What Can Be Done? = 79

  The Business Model Response = 79

   Make the Content Easier and Cheaper to Buy Than to Steal = 80

   Use Digital Content to Promote the Traditional Product = 81

   Give Away (Some) Digital Content and Focus on Auxiliary Markets = 82

  The Technical Protection Response = 83

   Mark the Bits = 83

   Reattach the Bits = 84

 A Scenario = 86

 Constraints on Technological Solutions = 87

 Industry Consequences of the New Technology = 89

 The Broader Lessons = 94

3 PUBLIC ACCESS TO THE INTELLECTUAL, CULTURAL, AND SOCIAL RECORD = 96

 Public Access Is an Important Goal of Copyright = 97

  Access : Licensing Offers Both Promise and Peril = 100

  Access and Technical Protection Services = 104

  The New Information Environment Challenges Some Access Rules = 106

  The New Information Environment Blurs the Distinction Between Public and Private = 107

  Noncopyrightable Databases Present Access Challenges = 109

  The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information = 111

 Archiving of Digital Information Presents Difficulties = 113

  Fundamental Intellectual and Technical Problems in Archiving = 116

  Intellectual Property and Archiving of Digital Materials = 119

  Technical Protection Services and Archiving = 121

4 INDIVIDUAL BEHAVIOR, PRIVATE USE AND FAIR USE, AND THE SYSTEM FOR COPYRIGHT = 123

 Understanding Copyright in the Digital Environment = 123

  The General Public = 124

  Rights Holders = 128

 The Challenge of Private Use and Fair Use with Digital Information = 129

  The Wide Range of Private Use Copying = 130

  Arguments That Private Use Copying Is Not Fair Use = 132

  Arguments That Private Use Copying Is Fair Use = 133

  Private Use Copying : The Committee's Conclusions = 135

  The Future of Fair Use and Other Copyright Exceptions = 136

 Is "Copy" Still an Appropriate Fundamental Concept? = 140

  Control of Copying = 140

  Is Control of Copying the Right Mechanism in the Digital Age? = 141

  What Can Be Done? = 144

 Addendum : Sections 106, 107, and 109 of the U. S. Copyright Law = 145

5 PROTECTING DIGITAL INTELLECTUAL PROPERTY : MEANS AND MEASUREMENTS = 152

 Technical Protection = 153

  Encryption : An Underpinning Technology for Technical Protection Service Components = 156

  Access Control in Bounded Communities = 158

  Enforcement of Access and Use Control in Open Communities = 159

  Copy Detection in Open Communities : Marking and Monitoring = 164

  Trusted Systems = 167

  Protection Technologies for Niches and Special-Purpose Devices = 171

  Technical Protection Services, Testing, and the Digital Millennium Copyright Act of 1998 = 171

  What Makes a Technical Protection Service Successful? = 173

 The Role of Business Models in the Protection of Intellectual Property = 176

  The Impact of the Digital Environment on Business Models = 177

  Business Models for Handling Information = 179

   Traditional Business Models = 179

   Intellectual Property Implications of Traditional Business Models = 180

   Less Traditional Business Models = 181

   Intellectual Property Implications of Less Traditional Business Models = 182

  Business Models as a Means of Dealing with Intellectual Property = 183

 Illegal Commercial Copying = 186

 The Impact of Granting Patents for Information Innovations = 192

6 CONCLUSIONS AND RECOMMENDATIONS = 199

 The Digital Dilemma : Implications for Public Access = 201

  The Value of Public Access = 201

  Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services = 202

   Publication and Private Distribution = 205

   Mass Market Licenses = 205

  Archiving and Preservation of Digital Information = 206

   Digital Archives = 206

   Preservation = 209

  Access to Federal Government Information = 211

 The Digital Dilemma : Implications for Individual Behavior = 212

  Perceptions and Behavior of Individuals = 212

  Fair Use and Private Use Copying = 213

  Copyright Education = 216

 Moving Beyond the Digital Dilemma : Additional Mechanisms for Making Progress = 217

  Technical Protection Services = 217

  The Digital Millennium Copyright Act of 1998 = 221

  Business Models = 224

  The Interaction of Technical Protection Services, Business Models, Law, and Public Policy = 225

 Moving Beyond the Dilemma : A Call for Research and Improved Data = 225

  Illegal Commercial Copying = 226

  Research on the Economics of Copyright, Use of Patents, and Cyber Law = 227

  Is "Copy" Still the Appropriate Foundational Concept? = 230

  Content Creators and the Digital Environment = 232

 The Process of Formulating Law and Public Policy = 233

  Principles for the Formulation of Law and Public Policy = 235

 Concluding Remarks = 239

BIBLIOGRAPHY = 240

APPENDIXES

 A Study Committee Biographies = 253

 B Briefers to the Committee = 261

 C Networks : How the Internet Works = 263

 D Information Economics : A Primer = 271

 F Technologies for Intellectual Property Protection = 282

 F Copyright Education = 304

 G The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures = 311

INDEX = 331



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