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This book is the definitive guide to the revolution in copyright law brought about by the need to protect against piracy and unauthorized copying on the Internet.
For nearly three centuries, copyright laws have focused on those who unlawfully copy protected works. In the modern digital age, the focus has expanded to include those who circumvent protective technologies. This is the comprehensive guide to the evolution of copyright law, addressing the challenges of piracy and unauthorized copying on the Internet. This updated guide explains the anti-circumvention and anti-trafficking provisions of the Digital Millennium Copyright Act (DMCA), which aims to protect copyright management information (CMI) and limit Internet service providers' liability for copyright violations. It delves into the anti-trafficking rules and reviews how courts have sometimes struggled to apply them to complex technologies. Additionally, it examines secondary liability for infringement, as influenced by the Supreme Court's Grokster decision, and the complications arising from statutory laws. It also covers the history, treaties, and key provisions of the DMCA, including special subpoena powers and fraud-related actions for infringement notices. Use this guide to explore the legal rules and exceptions, civil actions, criminal penalties, and potential constitutional challenges, including First Amendment issues, and emerging case law.
Professor Jay Dratler, Jr. brings to this book the unique perspective of a scientist, engineer, lawyer and law professor. After receiving his doctorate degree in physics from the University of California in San Diego in 1971, he spent four years working as a scientist and engineer. His work included eighteen months managing the electronics laboratory of a start-up, high-technology company.Professor Dratler completed his legal education at Harvard Law School, where he graduated magna cum laude in 1978 after serving as Articles Editor of the Harvard Law Review. He practiced law for more than eight years, first with Morrison;Foerster in San Francisco, then in Californias Silicon Valley with Fenwick, Davis & West (now Fenwick & West). In 2010, Dr. Dratler retired as the Goodyear Professor of Intellectual Property, Emeritus at the University of Akron School of Law, in Akron, Ohio. There he taught Computer Law, Copyright, Cyberlaw, Introduction to Intellectual Property, Licensing and Trade Secrets, and Patent Law and Policy.He is the principal author (with Professor Stephen McJohn) of a four-volume treatise on intellectual property, a one-volume treatise on cyberlaw and a two-volume treatise on licensing. Professor Dratler still teaches special courses in the US and Australia, consults on IP licensing and strategy and is a member of the American Bar Association, the American Intellectual Property Law Association and the American Law Institute.
Stephen McJohn
Professor Stephen McJohn is a professor at Suffolk University Law School in Boston, Massachusetts where he teaches in the areas of intellectual property and commercial law. His scholarly interests lie in areas touching on law and technology, such as intellectual property, computer law, artificial intelligence and legal reasoning, and economic analysis. Professor McJohn received his B.A. in Computer Studies and his J.D., magna cum laude, from Northwestern University. After studying law in Germany and completing a federal appellate clerkship, he practiced law in the Chicago office of Latham and Watkins and taught at the IIT Chicago-Kent School of Law.
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