PEERS, PIRATES, AND PERSUASION: RHETORIC IN THE PEER-TO-PEER DEBATES investigates the role of rhetoric in shaping public perceptions about a novel technology: peer-to-peer file-sharing networks. While broadband Internet services now allow speedy transfers of complex media files, Americans face real uncertainty about whether peer-to-peer file sharing is or should be legal. John Logie analyzes the public arguments growing out of more than five years of debate sparked by the advent of Napster, the first widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer file transfer utilities like Limewire, KaZaA, and BitTorrent. With PEERS, PIRATES, AND PERSUASION, Logie joins the likes of Lawrence Lessig, Siva Vaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulfills its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy. Logie examines metaphoric frames-warfare, theft, piracy, sharing, and hacking, for example-that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. PEERS, PIRATES, AND PERSUASION identifies the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court's ruling in the "Grokster" case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement. The Grokster case, Logie contends, has already produced the chilling effects that will stifle the innovative spirit at the heart of the Internet and networked communities. ABOUT THE AUTHOR John Logie is Associate Professor of Rhetoric at the University of Minnesota.

This book explores, through a children's rights-based perspective, the emergence of a safeguarding dystopia in child online protection that has emerged from a tension between an over-reliance in technical solutions and a lack of understanding around code and algorithm capabilities. The text argues that a safeguarding dystopia results in docile children, rather than safe ones, and that we should stop seeing technology as the sole solution to online safeguarding. The reader will, through reading this book, gain a deeper understanding of the current policy arena in online safeguarding, what causes children to beocme upset online, and the doomed nature of safeguarding solutions. The book also features a detailed analysis of issues surrounding content filtering, access monitoring, surveillance, image recognition, and tracking. This book is aimed at legal practitioners, law students, and those interested in child safeguarding and technology.

Producers and Consumers in EU E-Commerce Law argues that the European Union is failing adequately to protect consumers' critical interests in the area of e-commerce. The book compares the Union's close protection of producers' critical interests in e-commerce, considered in terms of authorship and of 'domain-identity', with its faltering steps towards protection of consumers' corresponding interests, considered in terms of fair trading, privacy and (on behalf of children) morality. The book assesses the threats posed to those interests, the extent to which self-help can and does neutralise those threats and, as regards any gaps left, the extent to which the Union has stepped into the breach. The argument is important given that surveys show low levels of consumer confidence in European cross-border e-commerce, a motor of integration par excellence.

The free trade and commerce available through website in what is known as cyber space has also given birth to a mobile population where intent may basically be criminal. This encyclopaedia tries to cover as many laws as possible, promulgated by various countries.

The internet and the equipment through which it is delivered has revolutionised the way business offers its services and consumers access information. The constantly evolving technology will continue to become mobile both in terms of the apparatus used to get online, such as mobile phones, and also the wireless capability which will become widespread. Commercial use of the technology presents huge legal issues and has led to the introduction of significant new laws to govern online trade. However, the approach taken by the EU in regulating the internet differs markedly from that of the United States. Given the degree of trade between the two continents and in particular between the USA and the UK, it is vital that businesses on both sides of the Atlantic understand the diverse legal regimes, whether they operate in European or North American markets. This book provides an overview of the English law treatment of the internet, which is heavily influenced by the EU, and contrasts it where appropriate to American legal governance. The book examines issues including online contractual formation, privacy law across geographical borders, electronic signatures, online marketing and consumer sales over the internet. The book is essential reading for businesses in both lands.

Praise for Robert W. McChesney

"Robert McChesney's work has been of extraordinary importance. . . . It should be read with care and concern by people who care about freedom and basic rights."
--Noam Chomsky

"Robert McChesney is one of the nation's most important analysts of the media."
--Howard Zinn

The symptoms of the crisis of the U.S. media are well-known--a decline in hard news, the growth of info-tainment and advertorials, staff cuts and concentration of ownership, increasing conformity of viewpoint and suppression of genuine debate. McChesney's new book, The Problem of the Media, gets to the roots of this crisis, explains it, and points a way forward for the growing media reform movement.

Moving consistently from critique to action, the book explores the political economy of the media, illuminating its major flashpoints and controversies by locating them in the political economy of U.S. capitalism. It deals with issues such as the declining quality of journalism, the question of bias, the weakness of the public broadcasting sector, and the limits and possibilities of antitrust legislation in regulating the media. It points out the ways in which the existing media system has become a threat to democracy, and shows how it could be made to serve the interests of the majority.

McChesney's "Rich Media, Poor Democracy" was hailed as a pioneering analysis of the way in which media had come to serve the interests of corporate profit rather than public enlightenment and debate. Bill Moyers commented, "If Thomas Paine were around, he would have written this book." The Problem of the Media is certain to be a landmark in media studies, a vital resource for media activism, and essential reading for concerned scholars and citizens everywhere.

High Marks for the Internet Legal Guide

"The Internet Legal Guide is a fascinating exploration of discovery in understanding the legal frontiers of the Internet. Dennis Powers does an immense service for all of us in an Internet form of business with this comprehensive and thorough guide." —Ahnalira Koan, Laughing Place Travel (www.ourlaughingplace.com)

"I feel that this book is invaluable and a must read not only for my management team and all of my employees, but also my clients. I especially appreciated the text from actual agreement examples, as well as the discussions of provisions that followed them. I encourage anyone and everyone to buy and read this book twice. The first time to show you everything you have been doing wrong, and the second time to learn how to do it right the next time." —Jim Teece, President and Chief Executive Officer, Project A, Inc. (www.ProjectA.com)

"This book is rich in content and practical advice. It is filled with informative–as well as entertaining–descriptions of the latest developments in cyberlaw. Most importantly, it gives anyone interested in doing business on the Web the know-how to avoid costly legal pitfalls and problems." —Ray August, Professor of Business Law (http://august1.com/about/)

"What I really like about this book is that it takes a business approach to Internet issues. This is a book for business people with an eye to the bottom line, and how businesses can capitalize on the Web and not get entangled in legal issues. The Internet Legal Guide is essential reading for small business owners, who can not afford the luxury of an in-house legal counsel. A savvy business owner will find this book a road map to turn the Web from threat to opportunity." —Kevin Talbert, Chief Information Officer, Southern Oregon University

"The New Economy is arriving. Even as the stock market and businesses adjust to absorb the 'irrational exuberance' of the late 1990s, consumers and businesses continue unabated in their march to use technology and the Internet to reduce costs, to increase profits, to improve service, to increase choice, and generally to increase the efficiency and potential of all that we do. Dennis Powers has written a timely and informative book to help prepare the nonlawyer, and even to educate lawyers, to prepare for and benefit from this new online world." —Richard Keck, Partner, Telecommunications and Electronic Commerce Practice Group, Troutman Sanders LLP

"A wonderful book that melds the practical into the legal, so we all can navigate our virtual twenty-first-century operations through today’s legal-infested waters. I wish I had had it two years ago!! I could have saved a lot of time and legal costs when I was organizing my Internet company. It’s so convenient and efficient to have all the material in one place. (The good news is I can still save and benefit from the many excellent ideas.)" —Charles "Hop" Fuhrmann, Chairman, HealthyPlace.com, Inc.; Chairman and CEO, Texaco Limited

This is the first book to focus on media and conflict - primarily international conflict - from multidisciplinary, cross-national and cross-cultural perspectives. Twenty-two contributors from around the globe present original and thought provoking research on media and conflict in the United States, Central America, Europe, the Middle East, Africa, Russia, and Asia. Media and Conflict includes works both on the traditional print and electronic media and on new media including the Internet. It explores the role media play in different phases of conflict determined by goal and structure including conflict management, conflict resolution, and conflict transformation. Published under the Transnational Publishers imprint.

This book outlines and analyses the legislative activity of the Union in an area which is currently experiencing exponential growth in terms of both commercial activity and legal significance. The scope of the book is current,pending and proposed Internet-related law on contracts, copyright, data protection, commercial communications, financial services, electronic cash and electronic signatures. John Dickie argues that the Union is in the process of displacing Member State autonomy in the regulation of the Internet. Within that frame, it is argued that there is a lack of focus on the individual in the electronic marketplace and a lack of co-ordination between relevant legislative instruments. This book will be of interest to all those engaged with Union and Internet law, including lawyers, policy-makers and academics.

This is a research and reference guide to the telecommunications industry in the United States, providing an account of legislative and policy changes up until the publication of the work. Contributions by scholars in telecommunications law and policy survey the post-1996 legislative field, giving overviews of the 1996 Act itself, the impact of the legislation on national and international competition, regulation of the industry and the MCI/FCC cases in California, mergers and acquisitions, taxation and FCC reform.

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Now in its fifth edition, the book has been substantially updated and revised to take account of legal and policy developments in copyright law and related areas, the new UK copyright exceptions, recent CJEU cases, the regulation of Collective Management Organisations, orphan works, and developments in EU copyright legislation and the EU's Digital Single Market Strategy. It also contains new sections on big data and data mining, the impact of artificial intelligence and blockchain on copyright, and the future for UK copyright after Brexit. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, or other areas of the economy. The focus of Digital Copyright is on the specifics of the law in this area together with practical aspects. Both academics and practitioners will find the book an invaluable guide to this ever-expanding field of law. Review of Previous Edition: 'Overall, Digital Copyright is well worth the relatively modest price for a book that will be stimulating for anyone who has to think about copyright in the digital realm.' Francis Davey, Journal of Intellectual Property Law and Practice

What legal recourse do you have if someone has read your private e-mail without your consent? Who owns the copyright to the message you just posted on a bulletin board? Can you get into trouble for downloading a sexually explicit file? These are among the many questions that the authors, both practicing attorneys, address in Cyberspace and the Law. Without resorting to confusing legalese, they present a clear and concise analysis of legal issues in the anarchic world of cyberspace for members of the on-line world who have little or no legal background.The introduction provides a quick tour of cyberspace (on-line services, bulletin board systems, private systems, and networks) and activities (e-mail, public messaging systems, software exchange, electronic publishing, entertainment, chat, educational and research services, and commercial applications). Cavazos and Morin then take up electronic privacy issues including anonymity and both statutory and common law approaches to protecting private communications (featuring a discussion of Steve Jackson Games v. United States Secret Service); the virtual marketplace of electronic contracts and credit card transactions; copyright law in an uncharted new world; freedom of speech; adult material (digitized images, animated sequences, sexually explicit text, "hot chat"); and cyber-crimes.

Im Rahmen des Spitzenclusters it's OWL sind in den letzten 5 Jahren technisch innovative Loesungen entstanden, die den Unternehmen einen Wettbewerbsvorsprung ermoeglichen. Dieses Know-how abzusichern und gegen Plagiatoren zu schutzen, ist Gegenstand des Projekts Pravention gegen Produktpiraterie gewesen. Entstanden sind durchgangige Methodenketten zur Erarbeitung von ganzheitlichen Schutzkonzeptionen, die weit uber die isolierten Ansatze konstruktiver Gestaltung des Produktes oder Markierungstechniken hinausgehen. Die Autoren zeigen die Systematik auf und belegen anhand von Praxisbeispielen, wie sie anzuwenden ist: Von der Analyse der Bedrohung, uber die Festlegung von Schutzmassnahmen bis hin zur Gestaltung von Bauteilen mit Hilfe moderner additiver Fertigungsverfahren, die Reverse Engineering erschweren. Das Buch zielt auf Praktiker in der Industrie, die sich mit dem Schutz ihrer Produkte befassen.

The subjects of this volume are more relevant than ever, especially in light of the raft of electoral scandals concerning voter profiling. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the twelfth annual International Conference on Computers, Privacy and Data Protection, CPDP, held in Brussels in January 2019. The book explores the following topics: dataset nutrition labels, lifelogging and privacy by design, data protection iconography, the substance and essence of the right to data protection, public registers and data protection, modelling and verification in data protection impact assessments, examination scripts and data protection law in Cameroon, the protection of children's digital rights in the GDPR, the concept of the scope of risk in the GDPR and the ePrivacy Regulation. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - not only on individuals, but also on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches, and will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Vermittelt einen UEberblick uber den Prozess der Patenterteilung Macht bewusst, dass Patente auf Erfindungen auch im Interesse der Wissenschaftler sind Vermittelt Kompetenzen, um die eigene Patentanmeldung effektiv mit dem Patentfachmann zu gestalten

A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In The Changing Ecosystem of the News, Martha Minow takes stock of the new media landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.

Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.

This book examines the disclosure and withholding of all forms of confidential information handled by professionals. Fully revised and updated, the new edition examines the numerous recent developments in the law, particularly following revelations by the media of the interception of professional confidences by phone hacking and other means. Its primary focus is on the law of England and Wales, but it includes insights from the secondary literature and case law of Australia, Canada, Ireland, New Zealand, and Scotland. This allows it to predict how English courts may fill gaps in the law, and makes it a useful resource for practitioners in other common law jurisdictions. The book begins with a discussion of the basic principles of confidentiality, including types of confidential information, confidentiality obligations, disclosures, and confidentiality obligation. Part I examines the legal instruments for the enforcement of confidentiality, including contractual obligations, tort of misuse of private information, equitable wrongs, actions against third parties, civil remedies and criminal offences, and remedies beyond the courts. Part II discusses justified disclosure, including those relating to public interest, official investigations, administration of justice, consent and waiver, and lapsed confidentiality. Part III analyses the grounds for justified non-disclosure, including legal professional privilege, public interest immunity, contractual or equitable obligations, data protection and freedom of information, privacy protection, and non-disclosure to client. Finally, Part IV discusses limiting the extent of a lawful disclosure, dealing with circulation restrictions, public reporting, anonymity, court attendance restrictions, and collateral use. This is an essential reference for those advising either the professional or the individual client on issues relating to the disclosure of confidential personal information.

The First Responder Network Authority (FirstNet) is a federal agency that includes private sector and other non-federal representation on its board of directors. FirstNet was created by Congress with provisions in Title VI (Spectrum Act) of the Middle Class Tax Relief and Job Creation Act of 2012 to ensure the deployment and operation of a nationwide, broadband network for public safety communications. It is established as an "independent authority" within the National Telecommunications and Information Administration (NTIA), part of the Department of Commerce. There are many challenges for public safety leaders and policymakers in establishing the framework for a nationwide network that meets state, local, tribal and territorial needs for robust, interoperable emergency communications. Currently, for example, state emergency communications needs are typically met by separate networks using different technologies. Furthermore, each state has its own laws and procedures for building, managing, and funding communications infrastructure. Among the challenges facing FirstNet is establishing a governance model that accommodates current investments and future needs of its clients without compromising the coherence of a national network. This book discusses the elements, issues, and progress made by FirstNet.

Das Buch ermoglicht eine schnelle aber gleichwohl fundierte Einarbeitung in das Datenschutzrecht. Es ist insbesondere an Rechtsanwalte, Datenschutzbeauftragte und andere Praktiker sowie Studierende gerichtet, die sich erstmals vertieft mit dem Datenschutzrecht beschaftigen. In einer kurzen Einfuhrung werden die Ziele, die Historie und die Rechtsquellen des Datenschutzrechts sowie der Anwendungsbereich der datenschutzrechtlichen Vorschriften erlautert. Im Anschluss daran erfolgt eine Darstellung der zentralen datenschutzrechtlichen Grundsatze, wie etwa des Zweckbindungsgrundsatzes etc. Weitere Kapitel beschaftigen sich ausfuhrlich mit den Anforderungen an die Zulassigkeit der Datenverarbeitung und den erganzenden Verpflichtungen, z.B. auf Unterrichtung, Auskunft etc. Abschliessend geht der Autor auf datenschutzrechtliche Besonderheiten in spezifischen Wirtschaftsbereichen ein und erlautert diese eingehend."

This brand new title brings together the different streams of the transfer landscape and outlines the separate legal rules all in one accessible place. Data transfers (under data protection legal rules) are one of the most discussed areas of data protection, and are currently undergoing mass change. Following on from Brexit, professionals now have more than one set of transfer rules to comply with, including: - New Adequacy Decision - New Standard Contracts - Forthcoming UK Contracts - Consultation on future laws

Open banking is a silent revolution transforming the banking industry. It is the manifestation of the revolution of consumer technology in banking and will dramatically change not only how we bank, but also the world of finance and how we interact with it. Since the United Kingdom along with the rest of the European Union adopted rules requiring banks to share customer data to improve competition in the banking sector, a wave of countries from Asia to Africa to the Americas have adopted various forms of their own open banking regimes. Among Basel Committee jurisdictions, at least fifteen jurisdictions have some form of open banking, and this number does not even include the many jurisdictions outside the Basel Committee membership with open banking activities. Although U.S. banks and market participants have been sharing customer-permissioned data for the past twenty years and there have been recent policy discussions, such as the Obama administration's failed Consumer Data Privacy Bill and the Data Aggregation Principles of the Consumer Financial Protection Bureau, open banking is still a little-known concept among consumers and policymakers in the States. This book defines the concept of 'open banking' and explores key legal, policy, and economic questions raised by open banking.

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic - including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.