The Digital Dilemma: Intellectual Property in the Information Age

The Digital Dilemma: Intellectual Property in the Information Age

by Committee on Intellectual Property Rights in the Emerging Information Infrastructure, National Research Council
     
 

ISBN-10: 0309064996

ISBN-13: 9780309064996

Pub. Date: 01/21/2000

Publisher: National Academies Press

Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web.

The ease of modifying or copying digitized material and the

Overview

Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web.

The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patent--intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music?

This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.

Product Details

ISBN-13:
9780309064996
Publisher:
National Academies Press
Publication date:
01/21/2000
Series:
Intellectual Property
Edition description:
New Edition
Pages:
364
Product dimensions:
6.00(w) x 9.00(h) x 0.88(d)

Table of Contents

Executive Summary 1(22)
The Emergence of the Digital Dilemma
23(53)
An Enduring Balance Upset?
24(3)
Scope of the Report
27(1)
Origins of the Issues
28(23)
Technology Has Changed: Digital Information, Networks, and the Web
28(1)
Why Digital Information Matters
28(10)
Why Computer Networks Matter: Economics and Speed of Distribution
38(1)
Why the Web Matters
39(4)
The Programmable Computer Makes a Difference
43(2)
Technology Has Emerged into Everyday Life, Running Headlong into Intellectual Property
45(2)
Intellectual Property Law Is Complex
47(2)
Cyberspace Is an Odd New World
49(2)
What Makes Progress Difficult?
51(9)
Stakeholders' Interests Are Diverse
51(1)
There Is a Variety of Forces at Work
52(1)
Many Threads Are Intertwined: Technology, Law, Economics, Psychology and Sociology, and Public Policy
53(1)
The Problems Are Global, with Differing Views, Laws, and Enforcement Around the World
54(4)
Potential Solutions Have to Be Evaluated from a Variety of Perspectives
58(2)
Road Map for the Report
60(1)
Addendum: The Concerns of Stakeholders
61(15)
Creators of Intellectual Property
61(4)
Distributors
65(3)
Schools and Libraries
68(2)
The Research Community
70(1)
The General Public
71(2)
Other Consumers and Producers of Intellectual Property
73(1)
Governmental Organizations
73(1)
Private Sector Organizations
74(1)
Journalists
75(1)
Standards Organizations
75(1)
Music: Intellectual Property's Canary in the Digital Coal Mine
76(20)
Why Music?
77(1)
W(h)ither the Market?
78(1)
What Can Be Done?
79(7)
The Business Model Response
79(1)
Make the Content Easier and Cheaper to Buy Than to Steal
80(1)
Use Digital Content to Promote the Traditional Product
81(1)
Give Away (Some) Digital Content and Focus on Auxiliary Markets
82(1)
The Technical Protection Response
83(1)
Mark the Bits
83(1)
Reattach the Bits
84(2)
A Scenario
86(1)
Constraints on Technological Solutions
87(2)
Industry Consequences of the New Technology
89(5)
The Broader Lessons
94(2)
Public Access to the Intellectual, Cultural, and Social Record
96(27)
Public Access Is an Important Goal of Copyright
97(16)
Access: Licensing Offers Both Promise and Peril
100(4)
Access and Technical Protection Services
104(2)
The New Information Environment Challenges Some Access Rules
106(1)
The New Information Environment Blurs the Distinction Between Public and Private
107(2)
Noncopyrightable Databases Present Access Challenges
109(2)
The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information
111(2)
Archiving of Digital Information Presents Difficulties
113(10)
Fundamental Intellectual and Technical Problems in Archiving
116(3)
Intellectual Property and Archiving of Digital Materials
119(2)
Technical Protection Services and Archiving
121(2)
Individual Behavior, Private use and Fair use, and the System for Copyright
123(29)
Understanding Copyright in the Digital Environment
123(6)
The General Public
124(4)
Rights Holders
128(1)
The Challenge of Private Use and Fair Use with Digital Information
129(11)
The Wide Range of Private Use Copying
130(2)
Arguments That Private Use Copying Is Not Fair Use
132(1)
Arguments That Private Use Copying Is Fair Use
133(2)
Private Use Copying: The Committee's Conclusions
135(1)
The Future of Fair Use and Other Copyright Exceptions
136(4)
Is "Copy" Still an Appropriate Fundamental Concept?
140(5)
Control of Copying
140(1)
Is Control of Copying the Right Mechanism in the Digital Age?
141(3)
What Can Be Done?
144(1)
Addendum: Sections 106, 107, and 109 of the U.S. Copyright Law
145(7)
Protecting Digital Intellectual Property: Means and Measurements
152(47)
Technical Protection
153(23)
Encryption: An Underpinning Technology for Technical Protection Service Components
156(2)
Access Control in Bounded Communities
158(1)
Enforcement of Access and Use Control in Open Communities
159(5)
Copy Detection in Open Communities: Marking and Monitoring
164(3)
Trusted Systems
167(4)
Protection Technologies for Niches and Special-Purpose Devices
171(1)
Technical Protection Services, Testing, and the Digital Millennium Copyright Act of 1998
171(2)
What Makes a Technical Protection Service Successful?
173(3)
The Role of Business Models in the Protection of Intellectual Property
176(10)
The Impact of the Digital Environment on Business Models
177(2)
Business Models for Handling Information
179(1)
Traditional Business Models
179(1)
Intellectual Property Implications of Traditional Business Models
180(1)
Less Traditional Business Models
181(1)
Intellectual Property Implications of Less Traditional Business Models
182(1)
Business Models as a Means of Dealing with Intellectual Property
183(3)
Illegal Commercial Copying
186(6)
The Impact of Granting Patents for Information Innovations
192(7)
Conclusions and Recommendations
199(132)
The Digital Dilemma: Implications for Public Access
201(11)
The Value of Public Access
201(1)
Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services
202(3)
Publication and Private Distribution
205(1)
Mass Market Licenses
205(1)
Archiving and Preservation of Digital Information
206(1)
Digital Archives
206(3)
Preservation
209(2)
Access to Federal Government Information
211(1)
The Digital Dilemma: Implications for Individual Behavior
212(5)
Perceptions and Behavior of Individuals
212(1)
Fair Use and Private Use Copying
213(3)
Copyright Education
216(1)
Moving Beyond the Digital Dilemma: Additional Mechanisms for Making Progress
217(8)
Technical Protection Services
217(4)
The Digital Millennium Copyright Act of 1998
221(3)
Business Models
224(1)
The Interaction of Technical Protection Services, Business Models, Law, and Public Policy
225(1)
Moving Beyond the Dilemma: A Call for Research and Improved Data
225(8)
Illegal Commercial Copying
226(1)
Research on the Economics of Copyright, Use of Patents, and Cyber Law
227(3)
Is "Copy" Still the Appropriate Foundational Concept?
230(2)
Content Creators and the Digital Environment
232(1)
The Process of Formulating Law and Public Policy
233(6)
Principles for the Formulation of Law and Public Policy
235(4)
Concluding Remarks
239(1)
Bibliography
240(13)
APPENDIXES
A Study Committee Biographies
253(8)
B Briefers to the Committee
261(2)
C Networks: How the Internet Works
263(8)
D Information Economics: A Primer
271(11)
E Technologies for Intellectual Property Protection
282(22)
F Copyright Education
304(7)
G The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures
311(20)
Index 331

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