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Die Arbeit untersucht die Herausforderungen für das Urheberrecht infolge informationstechnologischer Entwicklungen. Auf … der Grundlage der Property-Rights-Theorie werden die ökonomische Rechtfertigung für das Urheberrecht und die Anforderungen … für dessen Ausgestaltung analysiert. Die Richtlinie 2001/29/EG soll das Urheberrecht an die Informationsgesellschaft …
Persistent link: https://www.econbiz.de/10011928697
The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old...
Persistent link: https://www.econbiz.de/10012755684
This Article examines the symbiotic relationship between copyright law and technology. I describe how an environment characterized by rapid technological change creates two conditions that determine the direction and evolution of copyright law: legal delay and legal uncertainty. I explain how...
Persistent link: https://www.econbiz.de/10014207129
Over the past decade, numerous scholars and commentators have asserted that the indirect copyright liability standards applied in the Napster, Aimster, and Grokster decisions, among others, significantly chill technological innovation. This article examines this critical conjecture and offers...
Persistent link: https://www.econbiz.de/10014207357
Comparing CAD files to technical drawings and finding the two mediums of creativity sufficiently analogous yields the conclusion that CAD files, like technical drawings, should warrant copyright's protection. This protection aligns with the constitutional aims and economic justification of the...
Persistent link: https://www.econbiz.de/10012855695
With tethered technologies permitting the monitoring of consumers' use of copyrighted works and private copyright enforcement, IP protected digital works are increasingly disseminated solely through access-based schemes. This article reviews the actual and potential implications of this...
Persistent link: https://www.econbiz.de/10012967521
This paper analyzes and compares two types of cooperative agreements that combine Intellectual Property (IP): patent pools and copyright collectives. I evaluate antitrust policy in three environments in which owners of the intellectual property (IP): (1) are vertically integrated into the...
Persistent link: https://www.econbiz.de/10014171661
The WIPO Development Agenda is in many ways, a reaction to the "one size fits all" mantra that has plagued international intellectual property (IP) law making for many years now. In an effort to counter this disturbing trend that does not pay heed to either the relative economic status of the...
Persistent link: https://www.econbiz.de/10014213497
This Article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of...
Persistent link: https://www.econbiz.de/10014124893
When Congress authorized the first American highway in 1806, it is unlikely that it envisioned the extent to which highways would one day connect previously remote parts of the country. Likewise, when former Vice President Al Gore first coined the term information superhighway in 1978, it is...
Persistent link: https://www.econbiz.de/10014068499