Digital Media & Intellectual Property: Management of Rights and Consumer Protection in a Comparative Analysis

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Springer Science & Business Media, 27.09.2006 - 171 Seiten
This book focuses on intellectual property issues and rights in digital - dia, their connection with consumer protection, and the limits on freedom of contracts imposed by technological power. In particular, it analyzes, from a EU and U.S. comparative perspective, the complex issues concerning legal protection, technological measures and new business models associated with the use, distribution, and control of digital media. The book is based on a research project the author started in 2001 as V- iting Scholar at the University of California at Berkeley, Boalt Hall School of Law, later developed as Visiting Scholar at the University of Texas at Austin, School of Law and concluded as Research Associate at the Dip- timento di Scienze Giuridiche – Sezione di Rovigo of the University of Ferrara and as non residential Fellow of the Center for Internet and So- ety, Stanford Law School. Research support for this book has been provided by Fondazione Cassa di Risparmio di Padova e Rovigo, Rotary Foundation Ambassadorial Scholarship and University of Ferrara. I am particularly indebted to Robert Cooter, Mark Lemley and Pamela Samuelson for providing the occasion that inspired this work while I was at the University of California at Berkeley. I wish to thank all my colleagues and friends from the University of Ferrara, who offered me support, advice and encouragement when I most needed it.

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Inhalt

Technical and Commercial Developments in Digital Media
10
11 Digital Media and Digitization
17
Public Interest or Private Benefit?
20
13 From Mass Market Licenses to Access Contract
30
Intellectual Property in the Digital Age Regulation through Law
41
The Digital Millennium Copyright Act
44
The European Copyright Directive
51
A Comparison
62
Privately Legislated Intellectual Property Rights?
93
32 Technological Features to Protect Access and Rights Control
96
33 Technological Protection Measures and Consumer Protection
99
34 The Role of DRMs in the EC Internal Market
120
35 Some New Business Models for Digital Media
128
Conclusions
134
References
143
Index
167

Illegal File Swapping
74
A New Directive
79
Intellectual Property in the Digital Age Regulation through Technology
89
About the Author
170
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