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Digital intellectual property.pptx
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- 2. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Digital Technology • Digital technology provides copyright owners with inno vative and low cost means of distributing content. • But digital technology also exposes copyright owners t o unauthorized reproduction and distribution without de gradation. • Technology may provide solutions to this problem: Digi tal Rights Management (DRM).
- 3. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Technological Protecti on Measures • Preventing unauthorized access to copyrighted works. – Encryption – Content Scrambling System (CSS) for Digi tal Versatile Discs (DVDs) – Can require licensees of decryption algorithm to limit fu nctionality of devices – Regional encoding • Preventing unauthorized copies of copyrighted works – CD encoding
- 4. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Limits of Technologica l Protections • TPMs can be hacked. • DeCSS developed by 16 year old in Norway. • Legal protection of technological protections.
- 5. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Prohibition on Circumvention • World Intellectual Property Organization (WIPO) Copyrig ht and Performances and Phonograms Treaties (1996). • U.S. Digital Millennium Copyright Act (1998). • Free Trade Agreements, including TPP (2015).
- 6. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Section 1201 of the DMCA • Prohibition on circumvention of access controls. • Prohibition on manufacture and distribution of devices p rimarily designed or marketed to circumvent access con trols. • Prohibition on manufacture and distribution of devices p rimarily designed or marketed to circumvent copy contr ols.
- 7. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Limitations on Circumventio n Provisions • Enumerated exceptions for legitimate purposes (e.g. rever se engineering for interoperability, security testing). • Procedure for additional exceptions. • Exemptions just approved by the Librarian of Congress. – Enabling screen-readers for visually impaired – Film clips for educational uses – Videogame Preservation – Unlocking, Jailbreaking, Cars, Security, 3D Printers
- 8. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Circumvention Prohibitions Re main Controversial • Prohibit legitimate uses (e.g., library preservation). • Abusive practices in after-markets. • Rulemaking Process • Possible Reforms?
- 9. www.policybandwidth.com Jonathan Band PLLC TechnologyLaw and Policy Thank you for your attention!