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Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning Oct 2006

Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning

University of Arkansas at Little Rock Law Review

A key feature of an effective copyright system is to provide protection against infringement that is consistent with a copyright's goal: to "promote . . . useful Arts." Thus, for the overall public good, it is vital to achieve a proper balance between protecting authors' works as an incentive to create and the public's interest in accessing both creative works and new technology. The outcome of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (Grosker III) and the resulting business and legal developments created ambiguity and doubt regarding potential liability in the copyright system that is having a deleterious effect on technical …


Digital Copyright, Jessica D. Litman Jan 2006

Digital Copyright, Jessica D. Litman

Books

In 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.

In this book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of …


The Economics Of Open Access Law Publishing, Jessica D. Litman Jan 2006

The Economics Of Open Access Law Publishing, Jessica D. Litman

Articles

The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. Recently, we have seen a number of high-profile experiments seeking to use one of a variety of forms of open access scholarly publishing to develop an alternative model. Critics have not quarreled with the goals of open access publishing; instead, they've attacked the viability of the open access business model. If we are examining the economics of open access publishing, we shouldn't limit ourselves to the question whether open access journals have fielded a …