Cyberlaw. Intellectual Property in the Digital Millennium

  • ID: 3510977
  • Book
  • Region: United States
  • ALM Media, LLC
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For nearly three hundred years, copyright laws have targeted those who illegally copy protected works. Today 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. This newly updated law book explains the anti-circumvention and anti-trafficking rules of the Digital Millennium Copyright Act (DMCA), the Act's provisions for protecting copyright management information (CMI), 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 analyzes 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, and its substantive provisions, including the special subpoena power, the special cause of action for fraud relating to infringement notification, and their relationship 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.
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Jay Dratler
Professor Jay Dratler, Jr. brings to this book the unique perspective of a scientist, engineer, lawyer and law professor. After receiving his doctors 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). In 2010, Dr. Dratler retired as the Goodyear Professor of Intellectual Property, Emeritus at the University of Akron School of Law, in Akron, Ohio. There he taught Computer Law, Copyright, Cyberlaw, Introduction to Intellectual Property, Licensing and Trade Secrets, and Patent Law and Policy. He is the principal author (with Professor Stephen McJohn) of a four-volume treatise on intellectual property, a one-volume treatise on cyberlaw and a two-volume treatise on licensing. Professor Dratler still teaches special courses in the US and Australia, consults on IP licensing and strategy and is a member of the American Bar Association, the American Intellectual Property Law Association and the American Law Institute.
Stephen M. McJohn
Professor Stephen McJohn is a professor at Suffolk University Law School in Boston, Massachusetts where he teaches in the areas of intellectual property and commercial law. His scholarly interests lie in areas touching on law and technology, such as intellectual property, computer law, artificial intelligence and legal reasoning, and economic analysis. Professor McJohn received his B.A. in Computer Studies and his J.D., magna cum laude, from Northwestern University. After studying law in Germany and completing a federal appellate clerkship, he practiced law in the Chicago office of Latham and Watkins and taught at the IIT Chicago-Kent School of Law.
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