Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Internet Law
Why Is Betamax An Anachronism In The Digital Age?, Jiarui Liu
Why Is Betamax An Anachronism In The Digital Age?, Jiarui Liu
Vanderbilt Journal of Entertainment & Technology Law
This Article aims to examine whether, as some courts indicate, the Sony doctrine is largely irrelevant in cyberspace. If the answer is no, how should courts properly apply the Sony doctrine to protect copyright holders' legitimate interests and further the innovation and prosperity of Internet technologies? This Article argues that the Sony doctrine should be given the widest application possible and not be subject to any preconceived formula. In the digital age, the test of "capable of substantial noninfringing uses" is still well suited to advance the ultimate objective of copyright law contemplated by the Supreme Court as well as …
The Purpose Of Copyright Law In Canada, Daniel J. Gervais
The Purpose Of Copyright Law In Canada, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
IN THREE RECENT CASES, the Supreme Court of Canada provided several pieces of the Canadian copyright policy puzzle. We now know that the economic purpose of copyright law is instrumentalist in nature, namely, to ensure the orderly production and distribution of, and access to, works of art and intellect. The Court added that copyright can not enter carelessly into the private sphere of individual users. By targeting end-users in recent lawsuits, copyright holders have also found out that it is difficult to enforce a right that has not been properly internalized. After reviewing the Supreme Court trilogy of cases, the …