THE DIGITAL MILLENNIUM COPYRIGHT ACT   Term Paper ID:34130 Click to get this paper

Essay Subject: Describes the DCMA and considers its ramifications in the marketplace Concludes that the Act ...... More...

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Paper Abstract: Describes the Digital Millennium Copyright Act (DCMA) and considers its ramifications in the marketplace. Concludes that the Act is cumbersome and will need to have key provisions tested in the courts before its effeciveness is actually determined. Paper Introduction: The Digital Millennium Copyright Act Introduction Technology often outpaces ethical and legal developments For manyyears copyright law remained static as wholesale unauthorized duplicationof printed materials was difficult Fair use rules evolved regardingquoting sections of copyrighted work in other publications such as for thepurposes of criticism academic work or even parody and organizations suchas the American Society of Composers and Performers ASCAP trackedperformances of copyrighted material to help ensure that copyright holdersreceived royalties or other appropriate consideration Photocopiersbrought new copyright problems to the Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. The Digital Millennium Copyright Act Introduction Technology often outpaces ethical and legal developments. Works Cited"Can Morpheus Prevail Where Napster Failed?" Business Week Online (Nov 15, 2 1): n.p.McNeely, Michael D., and Mark F. The Act provides for subpoena powers that have been interpreted broadly,rather than narrowly, by the courts. Another key provision of the Act is the level to which third-partiescan be held accountable for the actions of others. The final effects of the DMCA are likely to be shaped by thecourts and then felt in the marketplace. Conclusion Although the Act has been in place since 1998, its key provisions areonly now being tested in the courts. This researchconsiders one attempt to control this technology, the Digital MillenniumCopyright Act (DMCA) and its long-term consequences on the issue ofcopyrights. These analysts cite the issue of imminent lawlessness asa better approach to prevent the dissemination of new copyrightinfringement techniques (Reilly, 1 ). The users are deemed to be held responsible for their ownactions in these cases. The Act offersprotection via "safe harbors" to Internet Service Providers (ISPs) in termsof their ability to store, transmit, cache or provide search engines totheir users. The arrest had a silencing effect on otherresearchers who were reluctant to present their research findings in apublic forum for fear of engendering the same treatment. A Russian computer programmer was arrested in LasVegas at a convention in 2 1 under provisions of the DMCA. Napster, a Web site that made itpossible for Web users around the world to download and share music filesat no cost, was the most visible target of this provision. Fair use rules evolved regardingquoting sections of copyrighted work in other publications, such as for thepurposes of criticism, academic work or even parody, and organizations suchas the American Society of Composers and Performers (ASCAP) trackedperformances of copyrighted material to help ensure that copyright holdersreceived royalties or other appropriate consideration. The subpoena powers havealso been used with other ISPs to obtain the names of users against whomsuits are later brought by copyright holders (McNeely and Radcliffe, 3). Radcliffe. The convention--DefCon--sometimes referred to as the Hackers' Convention, had scheduledDmitry Sklyarov to discuss a program he had developed that circumventedcopyright protection. One of the less-publicized aspects of the DMCA is the extension of theencryption proscription to include even discussing technology that couldaccomplish this task. Analysis Passed in 1998, the Act is 94 pages long and encompasses a broadspectrum of copyright issues. For manyyears, copyright law remained static as wholesale unauthorized duplicationof printed materials was difficult. "Court Upholds Broad Subpoena Powers Under the Digital Millennium Copyright Act." Journal of Internet Law, 6(May 2 3): 3-5.Reilly, William. Eventually,Napster reappeared as a pay-for-service site that has yet to regain itsprevious ubiquitous position, but which is now operating within theparameters of the DMCA ("Can Morpheus" n.p.). Much attention has been focused on the Act'sprohibition of technology that allows users to circumvent encryption orother protections of copyrighted work. Photocopiersbrought new copyright problems to the forefront, and copy shops began to beconcerned with their liability if they photocopied copyrighted material.This problem paled in comparison to the problems brought about by theproliferation of digital technology, however, and the growth of theInternet made it increasingly simple for copyrighted material to be copiedand distributed to millions of users around the world. "Does Speaking at a Conference About Copy Control Circumvention Technologies Violate the DMCA?" Journal of Internet Law, 6(Oct 2 2): 1 -16. However, the question then arises as to how suchusers can be identified given the largely anonymous nature of the Internet. Some analystscontend that the DMCA was invoked in the Sklyarov case so that the UnitedStates could force his employer to accept American jurisdiction in a largercopyright infringement case, and that the DMCA is too broad a tool to beused in this way. Verizon challenged one such ruling in2 3 that would force the company to reveal the name of a subscriber whohad downloaded more than 6 copyrighted songs. It appears that the Act will beinterpreted broadly, and with a tendency to protect copyright owners.Because of the state of the industry today, this generally has been viewedas a fight between giant corporations--who are often the holders ofcopyrights--and everyday users, but it also speaks to the ability of thecreator of intellectual property to control how that work is distributedand used. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.

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