American Exceptionalism The French Exception Intellectual Property Law And Peer To Peer File Sharing On The Internet
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American Exceptionalism The French Exception Intellectual Property Law And Peer To Peer File Sharing On The Internet
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Author : Lyombe Eko
language : en
Publisher:
Release Date : 2013
American Exceptionalism The French Exception Intellectual Property Law And Peer To Peer File Sharing On The Internet written by Lyombe Eko and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
A fundamental problem confronting policy makers is how to apply intellectual property rules and regulations developed for tangible intellectual property assets in real space to intangible, dematerialized intellectual property in cyberspace. The United States and France are self-described exceptionalist countries. American exceptionalism refers to the historical tendency of the United States to emphasize its unique status as the beacon of liberty, while lņ'exception française (the French exception) refers to the French ideological posture that emphasizes the specificity and superiority of French culture. American exceptionalism and lņ'exception française are functionally equivalent theoretical constructs that describe and explain how the United States and France highlight their respective political and cultural specificities vis-à-vis the rest of the world. The copyright regime of the United States reflects American exceptionalism, while the French régime de droit dņ'auteur (authorņ's right regime) reflects the French exception. The purpose of this article was to study the exceptional intellectual property regimes of the United States and France, using as a comparative case study application of intellectual property laws designed for the offline environment, to online peer-to-peer file sharing on the Internet. A comparative analysis of statutory and case law in the United States and France demonstrates that: 1) The American intellectual property regime has a presumption against the legality of peer-to-peer file-sharing networks that exchange copyrighted material without permission, and 2) the French intellectual property regime classifies peer-to-peer file-sharing on the Internet as piracy, a criminal offense. The American intellectual property regime often grants copyright holders the power to violate the due process and privacy rights of citizens accused of copyright infringement, while the French system allows law enforcement officials and royalty collection societies to violate the Ň“presumption of innocenceň” and privacy rights of accused peer-to-peer file-sharers.
American Exceptionalism The French Exception And Digital Media Law
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Author : Lyombe S. Eko
language : en
Publisher: Lexington Books
Release Date : 2013-07-10
American Exceptionalism The French Exception And Digital Media Law written by Lyombe S. Eko and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-10 with Language Arts & Disciplines categories.
This volume explores the sameness and difference between the United States and France in the matters of freedom of expression on the Internet. The United States and France are liberal democracies that are part of the Western family of nations. However, despite their many similarities, they have a number of cultural and ideological differences. The United States is generally France’s ally in time of war and its cultural nemesis in time of peace. One of the reasons for this unusual relationship is that the United States and France are self-described “exceptional” countries. The United States and France are therefore two Western countries separated by different exceptionalist logics. Lyombe Eko uses this concept of exceptionalism as a theoretical framework for the analysis of American and French resolution of problems of human rights and freedom of expression in the traditional media and on the Internet. This book therefore analyzes how each county applies rules and regulations designed to manage a number of issues of media communication in real space, to the realities and specificities of cyberspace, within the framework of their respective exceptionalist logics. The fundamental question addressed concerns what happens when rules and regulations designed to regulate the media in clearly defined, national and regional geographic spaces, are suddenly confronted with the new realities and multi-communication platforms of the interconnected virtual sphere of cyberspace.
New Media Old Regimes
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Author : Lyombe Eko
language : en
Publisher: Lexington Books
Release Date : 2012
New Media Old Regimes written by Lyombe Eko and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Language Arts & Disciplines categories.
New Media, Old Regimes: Case Studies in Comparative Communication Law and Policy, by Lyombe S. Eko, is a collection of novel theoretical perspectives and case studies in comparative communication law. Through these cases, Eko describes, explains and illustrates how a number of nation-states, transnational, and international organizations employ culture-specific "distillations" of universal principles to resolve tensions between freedom of expression and other societal interests in real space and cyberspace. This study provides essential scholarship on comparative communication law and policy.
The Impact Of Science And Technology On The Rights Of The Individual
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Author : Nicola Lucchi
language : en
Publisher: Springer
Release Date : 2016-06-14
The Impact Of Science And Technology On The Rights Of The Individual written by Nicola Lucchi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-14 with Law categories.
The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.
International And Foreign Legal Research
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Author : Marci Hoffman
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-04-19
International And Foreign Legal Research written by Marci Hoffman and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.
International and Foreign Legal Research: A Coursebook, second edition by Hoffman and Rumsey, now in a second edition, is designed for classes in foreign and international legal research. Topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU.
Transnational Culture In The Internet Age
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Author : Sean A. Pager
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Transnational Culture In The Internet Age written by Sean A. Pager and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
Digital technology has transformed global culture, connecting and empowering users on a hitherto unknown scale. Existing paradigms from intellectual property rights to cultural diversity and telecommunications regulation seem increasingly obsolete, confounding policymakers and provoking wide-ranging debate. Transnational Culture in the Internet Age draws on a range of disciplines to examine new approaches to regulating communications and cultural production. The insightful contributions shed new light on insufficiently examined issues and highlight connections that cut across the many different domains in which such regulations operate. Building upon the framework presented by David Post – one of the first and most prominent scholars of cyber law and a contributor to this volume – the authors address the implications and economics of the Internet's astronomical scale, jurisdiction and enforcement of the web as it relates to topics including libel tourism and threats to free speech, and the power of global communication to dissolve and recreate identities. Ideal for students and scholars of innovation, technology, cyber law and communication, Transnational Culture in the Internet Age will be a valuable addition to any library.
A Handbook Of Alternative Theories Of Public Economics
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Author : Francesco Forte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-03-28
A Handbook Of Alternative Theories Of Public Economics written by Francesco Forte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-28 with Business & Economics categories.
This comprehensive and thought-provoking Handbook reviews public sector economics from pluralist perspectives that either complement or reach beyond mainstream views. The book takes a comprehensive interdisciplinary approach, drawing on economi
File Sharing
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Author : United States. General Accounting Office
language : en
Publisher:
Release Date : 2004
File Sharing written by United States. General Accounting Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Copyright infringement categories.
Peer To Peer File Sharing And Secondary Liability In Copyright Law
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Author : Alain Strowel
language : en
Publisher: Edward Elgar Pub
Release Date : 2009
Peer To Peer File Sharing And Secondary Liability In Copyright Law written by Alain Strowel and has been published by Edward Elgar Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
'This is a book that has a lot to offer. Many of its readers will benefit from the first chapters which comprehensively analyse the case law and put it in context, whilst others will benefit more from the more conceptual chapters and the criticism of certain points and suggestions for a way forward contained in them.' - Paul L.C. Torremans, European Intellectual Property Review
Intellectual Property And The National Information Infrastructure
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Author : United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights
language : en
Publisher: DIANE Publishing
Release Date : 1995
Intellectual Property And The National Information Infrastructure written by United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Copyright categories.
This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.