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Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman Mar 2014

Dissolving Innovation In Meltwater: A Misguided Paradigm For Online Search, Bill D. Herman

Bill D. Herman

With the exponential increases in online information, internet search engines have helped fill a substantial and growing need for the capacity to sort through and manage data. News outlets in general and newspapers in particular are among the most socially important sources of online content being indexed, and these outlets are faring rather poorly in the internet economy. Both of these sectors are thus in a precarious, potentially conflicted relationship, with copyright law serving as the primary legal basis for mediating the relationship. A 2013 decision, Associated Press v. Meltwater, is one recent attempt to mediate this relationship. In …


The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman Nov 2011

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …


The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman Jan 2011

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …