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Cyberlaw: Intellectual Property in the Digital Millennium
Incisive Media, Pages: 400
Cyberlaw: Intellectual Property in the Digital Millennium is the definitive guide to the revolution in copyright and other intellectual property law to accommodate the Internet!
For nearly three hundred years, copyright laws have targeted those who illegally copy protected works. Now, however, the legal framework also takes aim at those who defeat protective technologies. Cyberlaw: Intellectual Property in the Digital Millennium is the definitive guide to the revolution in copyright law brought about by the need to protect against piracy and unauthorized copying on the Internet. You'll learn how and when courts continue to apply earlier statutes and case law and when the law is wide open to lawyers' creative arguments.
This book explains the anti-circumvention and anti-trafficking rules of the Digital Millennium Copyright Act, the Act's provisions for protecting copyright management information, and its attempts to reduce Internet service providers' exposure to primary and secondary liability for copyright infringement. It parses the anti-trafficking rules and discusses in detail how several courts have failed to apply the rules correctly to complex technologies. It also explains how these rules derived from the emerging “federal common law” of copyright and how the still developing federal common law may make resort to these rules unnecessary.
Cyberlaw: Intellectual Property in the Digital Millennium explains how the common-law rules of secondary liability for copyright infringement, as affected by the Supreme Court's Grokster decision, work in the context of the Internet, and how statutory overlays have complicated their operation. Finally, the book discusses the background and origins of, and the treaties underlying, the Digital Millennium Copyright Act, as well as the Act's substantive provisions, including the special subpoena power, the special cause of action for fraud and their relationships to state and other federal law.
Cyberlaw: Intellectual Property in the Digital Millennium explores not only the rules, but also their intricate exceptions and the distinct civil causes of action and criminal sanctions for violating them. It clarifies the complex rules governing copy-control technologies, including the gray areas, and explores possible challenges to the law under the First Amendment, the Due Process Clause, and the Patent and Copyright Clause. Emerging case law in the field of copyright and Internet law is incorporated throughout.
This book is updated as needed, generally up to two times each year.
About the Author
Jay Dratler, Jr.
Professor Jay Dratler, Jr. brings to this book the unique perspective of a scientist, engineer, lawyer and law professor. After receiving his doctor's degree in physics from the University of California in San Diego in 1971, he spent four years working as a scientist and engineer. His work included eighteen months managing the electronics laboratory of a start-up, high-technology company.
Professor Dratler completed his legal education at Harvard Law School, where he graduated magna cum laude in 1978 after serving as Articles Editor of the Harvard Law Review. He practiced law for more than eight years, first with Morrison & Foerster in San Francisco, then in California's “Silicon Valley” with Fenwick, Davis & West (now Fenwick & West). Dr. Dratler is the Goodyear Professor of Intellectual Property at the University of Akron School of Law, in Akron, Ohio. There he teaches Computer Law, Copyright, Cyberlaw, Introduction to Intellectual Property, Licensing and Trade Secrets, Patent Law and Policy, Cyberspace and Telecommunications Law.
Professor Dratler is the author of three treatises (on licensing, intellectual property and cyberlaw) and a co-author of the leading casebook on licensing. He has written law review articles on patent reform, patents, copyrights, trade secrets, trade dress, and antitrust law, several of which have been published abroad or translated into Japanese or Korean. As a Fulbright Fellow, Professor Dratler taught a course in intellectual property and licensing, in the Russian language, at the Moscow State Institute of International Relations (MGIMO). Through governmental and nongovernmental organizations, he has advised the governments of the Republic of Indonesia and of several former Soviet states on modernizing their intellectual property and business laws. Professor Dratler is a member of the American Bar Association, the American Intellectual Property Law Association and the American Law Institute.
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