The Experts below are selected from a list of 1902 Experts worldwide ranked by ideXlab platform

Anjanette Raymond - One of the best experts on this subject based on the ideXlab platform.

  • pliers and screwdrivers as contributory infringement devices why your local digital repair shop might be a Copyright infringer and why we must stop the craziness
    Northwestern Journal of Technology and Intellectual Property, 2014
    Co-Authors: Anjanette Raymond
    Abstract:

    I. INTRODUCTION¶1 In the mid- to late-1980s, many drivers were amazed when their vehicles began giving them practical advice; a malfunction indicator light would illuminate a phrase, such as "check engine," and the illumination would signal to the driver that the engine needed service. Since then, numerous indicator lights have been added: check oil, low gas, brake system, and, my personal favorite, the ABS light, all of which warn of problems with the vehicle and its performance. Of course, the increased use of computer diagnostic technology has led to an increased need for technologically savvy mechanics who must have access to manuals or a computer diagnostic system in their shop in order to fix the issues causing the indicator light to illuminate. However, many people are unaware that automobile manufacturers originally used these very manuals for competitive advantage. Copyright Protections associated with the manuals made it virtually impossible for anyone to obtain the manuals needed for servicing the vehicle unless, of course, the repairer had attended an authorized certification program and received a current manual for the On-Board Diagnostic (OBD) system. In response to the business advantage of automobile manufacturers controlling access to manuals, Senator Al Gore and Representative Henry Waxman introduced federal legislation requiring automobile manufacturers to release manuals and other similar information. Unfortunately, the requirement arises in the Clean Air Act and was intended to facilitate wider use of OBD systems in an effort to promote better fuel emissions. Because the debate was ultimately decided as an environmental issue, the focus of the debate resonated as a victory for environmentalists, but the larger debate of access to manuals was lost. As a result, consumers with highly complex technology lack the option to easily access legal copies of device-related service manuals. Responding to this lack of necessary information, service providers have created a niche market of illegal manual distribution. The debate about manuals has re-arisen as a result of digital devices, but this time consumers will not win the debate solely by arguing for better emissions and cleaner air. This time the debate will have to be resolved as a truly digital technology issue, but environmental issues will play a prominent role in the necessary legal adjustments.¶2 This Article will examine the growing need for individuals to have access to information relevant to the upkeep and refurbishment of digital devices. Part II briefly describes the new issues created by the use of embedded software. Part III uses the automobile industry as a starting point because it is a prior and effective legislative response to industry failure to release information widely contained within device manuals. This Article then examines the need to release device information to assist in the continued growth of the refurbish, reuse, recycle movement with an eye toward environmental benefits that can be realized from such a movement. Finally, this Article concludes by arguing that minor and simple adjustments can be made to existing legislation to assist and protect individuals that refurbish and pass on their digital devices.II. EMBEDDED SOFTWARE MAKES THE WORLD GO ROUND¶3 While one might assume the phrase "embedded software" holds a universally recognized definition, it does not. Instead, as the drafters of Uniform Commercial Code Revised Article 2 quickly discovered, the phrase is one of the more controversial phrases within the last few years.2 For the purposes of this Article,3 the term embedded software will mean computer software written to control machines or devices that are not typically thought of as computers. Applying this wide definition, one can quickly appreciate that our world depends on embedded software. Manufacturers "build in" embedded software into vehicles, telephones, modems, robots, appliances, toys, security systems, pacemakers, televisions and set-top boxes, and digital watches, to give but a small list. …

  • pliers and screwdrivers as contributory infringement devices why your local digital repair shop might be a Copyright infringer and why we must stop the craziness
    2013
    Co-Authors: Anjanette Raymond
    Abstract:

    In September of 2012 Apple announced that it had received 2 million pre-orders for the iPhone 5 within the first 24 hours. And while this number is staggering, the previous year the iPhone 4S sold over 1 million devices during its first 24 hours of pre-order sales. While the iPhone is a single example, it represents a much larger truth -- the use of embedded software and digital devices are permeating our daily lives. Naturally, as technology becomes more ingrained consumers will expect the ability to repair technology at a local repair shop. In addition, as the cost for technology drops and release dates accelerate, more individuals will frequently swap out older generation technology for the new model. While many individuals will trade-in their older technology, a majority will hold on to it and later throw it away without a thought about the possible uses of the old device. And few will consider, even for a fleeting moment that issues will arise in relation to the new and old device because of the Copyright laws. Issues such as: our ability to seek repair from local shops, to trade-in devices, to recycle goods with embedded technology, and of course, to maintain the technology. Fortunately, the issue of manuals being free from Copyright Protections has been dealt with before, in the automobile industry. Unfortunately, the issue was overcome in the name of environmental law, thus preventing the much larger debate in terms of the Copyright Protections afforded manuals that contain basic and important information. The time has come to renew the debate and consider the long term consequences associated with Protections afforded this critical information. This article aims to briefly consider the growth of embedded technology, the importance of manuals and other information, the growth of the throw away culture, the environmental impacts of restrictions on the sharing of information, and the current legislative initiatives seeking to address the overly strong Protections afforded this important information. In light of this, the article calls for more attention and discussion as it relates to the current Copyright Protections and calls for a more balanced approach to these Protections. The article concludes by demonstrating the law must do 3 things to create a better balance: (1) limit the Copyright Protections afforded manufacturers in relation to manuals and similar publications to life of the device -- or new generation release, whichever is earliest, (2) remove restrictions in relation to unlocking and similar technology work around, and (3) insist upon Protections for the information contained within the trade-in device.

Nicolas Suzor - One of the best experts on this subject based on the ideXlab platform.

  • Copyright Protections and disability rights turning the page to a new international paradigm
    Social Science Research Network, 2014
    Co-Authors: Paul Harpur, Nicolas Suzor
    Abstract:

    This article argues that governments around the world need to take immediate coordinated action to reverse the ‘book famine’. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible.

  • Copyright Protections and disability rights turning the page to a new international paradigm
    University of New South Wales law journal, 2013
    Co-Authors: Paul Harpur, Nicolas Suzor
    Abstract:

    This article argues that governments around the world need to take immediate coordinated action to reverse the 'book famine'. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible. Two recent international developments - the United Nations Convention on the Rights of Persons with Disabilities and the new Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled (somewhat ironically nicknamed the 'VIP Treaty') - suggest that nation states are increasingly willing to take action to reverse the book famine. The Marrakesh Treaty promises to level out some of the disparity of access between people in developed and developing nations and remove the need for each jurisdiction to digitise a separate copy of each book. This is a remarkable advance, and suggests the beginnings of a possible paradigm shift in global Copyright politics. Now that the Marrakesh Treaty has been concluded, however, we argue that a substantial exercise of global political will is required to (a) invest the funds required to digitise existing books; and (b) avert any further harm by ensuring that books published in the future are made accessible upon their release.

Jacqueline D Lipton - One of the best experts on this subject based on the ideXlab platform.

  • mass digitization in the ebook market Copyright Protections and exceptions
    Social Science Research Network, 2020
    Co-Authors: Jacqueline D Lipton
    Abstract:

    This chapter examines the mass digitization of the publishing industry which traces its roots to around 2007 with the release of the first Kindle e-reader by Amazon. Because the publishing industry was a later entrant into the digital marketplace than some of the other content industries (for example, the music, movie and television industries), it has only more recently started to deal with issues relating to the appropriate scope of Copyright protection in digital content and the application of key Copyright exceptions such as fair use and first sale to digital initiatives such as the creation of online coursepacks for study and research purposes, digital fanfiction, and library lending of digital books. Caselaw has emerged over the last decade in the United States, the Court of Justice of the European Union, and a number of national courts in Europe about the application of Copyright law and policy to new digital initiatives in publishing and downstream sale of eBooks. While few clear principles have emerged, at least none that are globally harmonized, the recent judicial determinations and associated debates provide useful food for thought for legislators concerned with future developments in publishing. It is important for legislators to watch and learn from these current disputes, so that appropriate legislation might be enacted if, and when, necessary in a given segment of the industry. In some ways the lack of global consensus as to the application of Copyright law in a number of digital publishing scenarios is a benefit to the development of appropriate legal principles, as it provides an opportunity for a form of international arbitrage in which national legislatures and courts can learn from other countries’ experiences in emerging Copyright areas.

Jessica Zhanna - One of the best experts on this subject based on the ideXlab platform.

  • Sherlock Holmes & the Case of the Contested Copyright
    The Chicago-Kent Journal of Intellectual Property, 2016
    Co-Authors: Malekos Smith, Jessica Zhanna
    Abstract:

    For generations, Sir Arthur Conan Doyle’s novels and short stories on the adventures of Sherlock Holmes have captivated the minds of readers and fueled a lucrative intellectual property market. The historical trajectory of international Copyright Protections to this literary canon, however, is an equally intriguing, if not mysterious, page-turner. This Note explores the procedural history of Klinger v. Conan Doyle Estate, Ltd., and examines how the literary characters of Sherlock Holmes and Dr. John H. Watson can simultaneously exist in the public domain, while certain story elements still remain under Copyright protection in the United States until 2022.

  • sherlock holmes the case of the contested Copyright
    2016
    Co-Authors: Malekos Smith, Jessica Zhanna
    Abstract:

    For generations, Sir Arthur Conan Doyle’s novels and short stories on the adventures of Sherlock Holmes have captivated the minds of readers and fueled a lucrative intellectual property market. The historical trajectory of international Copyright Protections to this literary canon, however, is an equally intriguing, if not mysterious, page-turner. This Note explores the procedural history of Klinger v. Conan Doyle Estate, Ltd., and examines how the literary characters of Sherlock Holmes and Dr. John H. Watson can simultaneously exist in the public domain, while certain story elements still remain under Copyright protection in the United States until 2022.

Paul Harpur - One of the best experts on this subject based on the ideXlab platform.

  • Copyright Protections and disability rights turning the page to a new international paradigm
    Social Science Research Network, 2014
    Co-Authors: Paul Harpur, Nicolas Suzor
    Abstract:

    This article argues that governments around the world need to take immediate coordinated action to reverse the ‘book famine’. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible.

  • Copyright Protections and disability rights turning the page to a new international paradigm
    University of New South Wales law journal, 2013
    Co-Authors: Paul Harpur, Nicolas Suzor
    Abstract:

    This article argues that governments around the world need to take immediate coordinated action to reverse the 'book famine'. There are over 129 million book titles in the world, but persons with print disabilities can obtain less than 7 per cent of these titles in formats that they can read. The situation is most acute in developing countries, where less than 1 per cent of books are accessible. Two recent international developments - the United Nations Convention on the Rights of Persons with Disabilities and the new Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or Otherwise Print Disabled (somewhat ironically nicknamed the 'VIP Treaty') - suggest that nation states are increasingly willing to take action to reverse the book famine. The Marrakesh Treaty promises to level out some of the disparity of access between people in developed and developing nations and remove the need for each jurisdiction to digitise a separate copy of each book. This is a remarkable advance, and suggests the beginnings of a possible paradigm shift in global Copyright politics. Now that the Marrakesh Treaty has been concluded, however, we argue that a substantial exercise of global political will is required to (a) invest the funds required to digitise existing books; and (b) avert any further harm by ensuring that books published in the future are made accessible upon their release.