For nearly three hundred years, copyright laws have targeted those who illegally copy protected works. Now, a new legal framework 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 address copying on the Internet.
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. The book also explains how these rules derived from the emerging “federal common law” of copyright and how, in some cases, the still developing federal common law may make resort to these new rules unnecessary.
Cyberlaw: Intellectual Property in the Digital Millennium explores not only the rules, but also their intricate exceptions and the new and distinct civil causes of action and criminal sanctions for violating them. In the process, it clarifies the complex rules governing copy-control technologies, including the gray areas, and explores possible challenges to the new 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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