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Exceptions & Limitations in Copyright or Systemic Overhaul?
Exceptions & Limitations in Copyright or Systemic Overhaul?
Exceptions & Limitations in Copyright or Systemic Overhaul?
Exceptions & Limitations in Copyright or Systemic Overhaul?
Exceptions & Limitations in Copyright or Systemic Overhaul?
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Exceptions & Limitations in Copyright or Systemic Overhaul?

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Presented at LSE conference on IPR reform and global civil society, 18/11/11

Presented at LSE conference on IPR reform and global civil society, 18/11/11

Published in: Technology, Education
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  • 1. Exceptions & Limitations in Copyright or Systemic Overhaul? Ian Brown, Oxford University
  • 2. DMCA circumvention definitions
    • to `circumvent a technological measure' means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and
    • a technological measure `effectively controls access to a work' if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
  • 3. D rm 15 years later
    • “ Be very glad that your PC is insecure – it means that after you buy it, you can break into it and install whatever software you want. What YOU want, not what Sony or Warner or AOL wants. ” –John Gilmore
    • “ If we can find some way to [stop filesharing] without destroying their machines, we'd be interested in hearing about that. If that's the only way, then I'm all for destroying their machines. ” –Senator Orrin Hatch (writer of Our Gracious Lord , Climb Inside His Loving Arms , and How His Glory Shines )
    • “ [MP3 players] are just repositories for stolen music, and they all know it ” –Doug Morris, CEO, Universal
  • 4. The problems with blocking
    • Ease of masking P2P traffic using encryption
    • Ease of site and content transfers and replication
    • Sneakernets and WiFi/Bluetooth sharing
    • Ease of changing DNS servers, and building alternate directory systems
    • Impact on freedom of expression and privacy
  • 5. We need to talk about copyright
    • … but our venues for doing so are completely dysfunctional (WIPO SCCR, WTO, UNESCO, secret multilateral negotiations, US Congress, European Parliament)
    • Regulation focused on an exclusive right of reproduction is not sustainable in the long run – rights of commercialisation might be more effective, and legitimate in eyes of the public
    • … but Berne Convention, TRIPS, Internet treaties, ACTA unlikely to change
    Trish Steel

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