The Digital Millennium Copyright Act of 1998: A Proposed Amendment to Accommodate Free Speech

Jackson, Matt

doi:10.1207/s15326926clp0501_1_3

Cited by 7 publications

(13 citation statements)

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“…This is essential, as it ensures that only those entities have access to the data, which do not violate any legal rules. By law caching entities are not allowed to modify the content in any way [10], [17], [43]. However, measures should be taken to ensure that this holds good.…”

Section: Legal and Regulative Implicationsmentioning

confidence: 99%

“…Copyright liability of the content delivery entities, like ISPs or cache owner, who without modification or copying deliver the content, has exemptions by being called 'safe harbors', see DMCA [17] and the EU Electronic Commerce Directive 2000/31/EC [10]. However, a modification of the content for storing it in caches is not allowed.…”

Section: A Copyright Infringementmentioning

confidence: 99%

“…However, consequences of such infringements can also serve as threats in the field of incentives, e.g., monetary benefits due to copyright royalty. Section 103 of the WIPO Copyright and Performance and Phonograms Treaties Implementation Act strictly forbids the circumvention of the copy measurement systems [17]. Hence, copyrighted material by law in Switzerland, EU, and the USA cannot be copied into caches, without prior knowledge and consent of the owner.…”

Section: A Copyright Infringementmentioning

confidence: 99%

“…As soon as the content leaves the original server the liability becomes unclear. ISPs deny the liability, as they prefer to be categorized as passive entities, which merely transfer the content in a more efficient way with the help of caches to end-users [17], [10]. However, leaking of sensitive information to a user, a group of users, or organizations should be taken care of by cache owners or content delivery systems.…”

Section: Liability Of Contentmentioning

confidence: 99%

“…However, copying content in caches located in the network cannot be included in the scope of private use. The World Intellectual Property Organization Copyright Treaty (WCT) is included within the Digital Mil-lennium Copyright Act (DMCA) in USA [43], [17]. Since the last decade, the European Union also follows this treaty, by the virtue of which, circumventing technical protection measures is also prohibited.…”

Section: Introductionmentioning

confidence: 99%

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Investigating Regulative Implications for User-generated Content and a Design Proposal

Garg

Schmitt

Stiller

2014

PIK - Praxis Der Informationsverarbeitung Und Kommunikation

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The rapid increase of the Internet connectivity and the data publishing activity, like user-generated content, has lead Internet Service Providers (ISPs) to establish more efficient mechanisms for content delivery, such as caching. Mechanisms such as content-aware-networks and in-network caching reduce network load, server load, and user response time, thus, manage the network. However, caching of content also raises major implications in terms of legal acts and bills (e.g., data privacy, copyright), dealing with access control, validation scheme, and regulations (e.g., contractual obligation, legal restrictions).In general, user-generated content is linked with sensitive information, such as geographical information, medical and financial information, personal identifiable data, photos, videos, and contact information. Therefore, it is essential to secure data and regulate access. The latter, is gained by including access control mechanisms in the data exchange process, where a user requesting data must prove his access rights. Therefore, a user has to show an access ticket, which includes his rights based on legal and regulative implications. In order to secure any kind of data exchange, authentication of each participating communication entity (e.g., content owner, server, and end-user) is essential, which is part of the proposed two-way authentication handshake in this paper that is performed to generate a secure communication channel.The main contribution of this paper is to show that transmission, storage, and usage of user-generated data in caches within the network is manageable within the legal laws on sensitivity, copyright, and privacy. The scope of studying these laws, acts, and policies is restricted to Switzerland (CH), the European Union (EU), and the United States of America (USA). Finally, a solution is presented including access ticketing and two-way authentication mechanisms based on common standards from IP networks.

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Section: Legal and Regulative Implicationsmentioning

confidence: 99%

Section: A Copyright Infringementmentioning

confidence: 99%

Section: A Copyright Infringementmentioning

confidence: 99%

Section: Liability Of Contentmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

See 3 more Smart Citations

Investigating Regulative Implications for User-generated Content and a Design Proposal

Garg

Schmitt

Stiller

2014

PIK - Praxis Der Informationsverarbeitung Und Kommunikation

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Copyright

Jackson¹

2009

The International Encyclopedia of Communication

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Copyright is the branch of law that provides property rights in expression, and it is the primary legal regime for the cultural and information industries, including print publishing, music, film, television, radio, theater, computer software, photography, and fine art. Copyright only protects expression, not the ideas being expressed. Ideas are the thoughts inside our heads and expression is the way we communicate those thoughts to others (→ Freedom of Communication). A book may include many facts and ideas. The author then uses specific expression, including words or pictures, to communicate those facts and ideas. A second author (or artist or musician) can use any of the facts or ideas contained in the book but would need permission to copy the first author's expression.

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From Private to Public: Reexamining the Technological Basis for Copyright

Jackson

2002

Journal of Communication

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The Digital Millennium Copyright Act of 1998: A Proposed Amendment to Accommodate Free Speech

Cited by 7 publications

References 0 publications

Investigating Regulative Implications for User-generated Content and a Design Proposal

Investigating Regulative Implications for User-generated Content and a Design Proposal

Copyright

From Private to Public: Reexamining the Technological Basis for Copyright

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