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Digital Media: Copyrights and Piracy

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Digital Media: Copyrights and Piracy

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 Introduction
 Chapter 1: Online Music and Copyright Infringement: The United States Perspective
arrowRIAA V. AUDIOGALAXY- ANOTHER COPYRIGHT SUIT AGAINST A FILE-SWAPPING PROVIDER
arrowINFRINGEMENT OF COPYRIGHTED SOUND RECORDING BY AN UNKOWN WEBSITE OPERATOR
arrowPEER-TO-PEER FILE SHARING, AND CONTRIBUTORY AND VICARIOUS LIABILITY
arrowBIGINNING OF THE ENFORCEMENT OF COPYRIGHT LAWS AGAINST ONLINE MUSIC SWAPPERS
arrowDIGITAL MUSIC SPOOFS POSTED ONLINE TO FIGHT MUSIC PIRACY
arrowDIGITAL MUSIC PIRACY AND STATUTORY DAMAGE AVAILABILITY
arrowHOW TO ACTIVELY FIGHT INTERNET COPYRIGHT VIOLATION?
arrowRINGTONES AS INTELLECTUAL PROPERTY
arrowPEER TO PEER MUSIC SHARING SINCE MGM V. GROKSTER (2005)
 Chapter 2: Software, Computer Programs, and Copyrights
arrowLIABILITY FOR COPYRIGHT INFRINGEMENT WILL BE IMPOSED ON AN OPERATOR WHO WILLFULLY ASSISTS SUBSCRIBERS IN THE INFRINGEMENT OF ANOTHER'S COPYRIGHTS
arrowPUBLICATION OF DECRYPTION SOFTWARE VIOLATES DMCA
arrowTHE USE OF OPEN-SOURCE SOFTWARE
arrowLICENSING CUSTOMIZED SOFTWARE
arrowSOURCE CODE AND RIGHT OF THE SOFTWARE USER UNDER FRENCH LAW
arrowFREE SOFTWARE UNDER FRENCH LAW
arrowBENEFITS OF FILING FOR COPYRIGHT PROTECTION OF SOFTWARE
arrowCOPYRIGHT ORDINANCE OF 2001 & ITS EFFECT ON HONG KONG LAWS
arrowPROTECTION TO COMPUTER PROGRAMS UNDER THE BRAZILIAN LEGISLATION
arrowRULES, OBJECTIVES, AND PROCEDURE FOR THE REGISTRATION OF COPYRIGHTS UNDER THE COLOMBIAN LEGISLATION, INCLUDING REGISTRATION OF SOFTWARE
arrowHOW TO PREVENT SOFTWARE PIRACY?
arrowIMAGE SEARCHES AND THE ISSUE OF COPYRIGHTS
arrowCOMPUTER SOFTWARE PIRACY AND RELEVANT LAWS IN JORDAN
arrowOVERVIEW OF THE TAIWAN COPYRIGHT ACT
arrowNEW ZEALAND COPYRIGHT NEW TECHNOLOGIES AND PERFORMERS' RIGHTS AMENDMENT BILL OF 2008
arrowFIJI COPYRIGHT ACT, 1999
arrowCOURT DISMISSES STUDENTS’ COPYRIGHT CLAIM IN FAVOR OF PLAGIARISM DETECTING PROGRAM “TURNITIN”
 Chapter 3: Internet Radio License and Royalty Payments
arrowINTERNET RADIO AND COPYRIGHTS
arrowONLINE RADIO BROADCASTS MUST PAY ROYALTY FEES
 Supplemental Documents
arrowVideo-Sharing: may this new Internet Phenomenon Violate Copyrights?
arrowAnother Internet Firm is Coerced into Changing its Website
arrowThe impact of the Grokster decision on file sharing
arrowPopstar's Website Hacked to Spread Virus to Fans, Showing ID Phishers Focusing on Social Networking Sites
arrowVideo-game Industry Watchdog Clamps Down on Illegal Game Activity in Singapore
arrowWhere is the love? – A saga in copyright!
arrowSweden Taking Pirate Bay to Court While Music Biz Demands EU Crack Down
arrowPagerank Software System and the Issue of Liability
arrowHow to Register Software Products in Colombia
arrowHow Does the European Union Treat Copyrights in the Information Society?
arrowUK’s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out
arrowAlbania Copyright Law
arrowCopyrighted Material v. University-Provided Digital Copies.
arrowJapan's Protection of Computer Programs
arrowBasics of Copyrights Laws in France
arrowDo Business Insurance Cover Electronic Data Loss Caused by Defective Software?
arrowPrivileged Revisions v. Copyrights on Works Republished in Databases and other Electronic Forms
arrowOpen Source Licenses and Copyright Infringement Claims
arrowTuning In to Combating Music Piracy in Chile
arrowUnited States-India Copyright Treaty
arrowUniversities' Ban to Eliminate File Sharing
  
 

WIPO INTERNET TREATIES ON INTERNET PIRACY

To fight Internet piracy, the World Intellectual Property Organization (WIPO) concluded two copyright treaties in Geneva in 1996: the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), collectively known as the "WIPO Internet Treaties" which entered into force in 2002. The WIPO Internet Treaties set out the minimum standard of intellectual property protection with respect to the delivery of copyrighted works on the Internet. This summary will address the following questions, what copyright and related rights are protected on the Internet under the WIPO Internet Treaties, what is the purpose of the WIPO Internet Treaties, and what are the two technological adjuncts to the rights required by the WIPO Internet treaties.

The rapid growth of the Internet has facilitated a global distribution network for pirated products. Copyright piracy on the Internet has become a serious problem, and in order to tackle this problem, numerous countries are implementing the WIPO Internet Treaties. There were 58 members of the WCT and 57 members of the WPPT as of April 28, 2006. Other countries have implemented the most important provisions of the WIPO Internet Treaties without ratifying the treaty within its domestic legislation. The WIPO Internet Treaties represent the view of a majority of the world community that the copyright protection under existing agreements should be supplemented to eliminate any remaining gaps on copyright protection on the Internet. The WIPO Internet Treaties are now part of the legal regime of international intellectual property rights.

What copyright and related rights are protected on the Internet under the WIPO Internet Treaties?
The WCT deals with protection for authors of literary and artistic works, such as original databases, writings and computer programs, audiovisual works, musical works, works of fine art and photographs. The WPPT deals with the protection of certain copyright-related rights, such as the rights of performers and producers of phonograms.

What is the purpose of the WIPO Internet Treaties?
The main purpose of the WIPO Internet treaties is to supplement and update the existing WIPO treaties on copyright and related rights, in response to developments in technology and in the marketplace. After the adoption of the Berne and Rome Conventions various new types of works, new markets, and new methods of use and dissemination have evolved. Both the WCT and the WPPT treaties deal with the problem posed by today's digital technologies, particularly the dissemination of protected material over the Internet.

The signatory countries to the WIPO Internet treaties are required to provide a framework of basic rights, allowing creators to control their works and be compensated for the various ways in which their creations are used and enjoyed by others, and guaranteeing that their rights will continue to be adequately and effectively protected when their works are disseminated over the Internet. Therefore, the WIPO Internet treaties clarify the question of whether existing copyright agreements would apply to the Internet. The WIPO Internet treaties further clarify that countries have reasonable flexibility in establishing exceptions or limitations to rights in the digital environment, in order to maintain a fair balance of interests between the owners of rights and the general public. In some circumstances countries may grant exceptions for uses deemed to be in the public interest, such as for non-profit educational and research purposes.


What are the two technological adjuncts to the rights required by the WIPO Internet treaties?
The signatory countries to the WIPO Internet treaties are required by the treaties to provide two types of technological adjuncts to the rights apart from the rights themselves. These technological adjuncts are intended to ensure that right holders can effectively use technology to protect their rights and to license their works online, and are provisions for (1) ‘anti-circumvention' and (2) ‘rights management information'. The anti-circumvention provision deals with the problem of hacking; by this provision the countries are required to provide adequate legal protection and effective remedies against the circumvention of technological measures used by right holders to protect their rights. The rights management information provision protects the reliability and integrity of the online marketplace by requiring signatory countries to prohibit the deliberate alteration or deletion of electronic information which accompanies any protected material, and which identifies the work, its performer, creators, or owner, and the terms and conditions for its use.

Conclusion:
The WIPO Internet treaties clarify the rights related to intellectual property on the Internet and prohibit the devices and services intended to circumvent technological protection measures for copyrighted works. 

  

 
CHAPTER 1: Online Music and Copyright Infringement: The United States Perspective

 
arrowRIAA V. AUDIOGALAXY- ANOTHER COPYRIGHT SUIT AGAINST A FILE-SWAPPING PROVIDER

The Recording Industry Association of America (RIAA) filed a lawsuit against Audiogalaxy, and online music provider, for copyright infringement in New York. RIAA has been instrumental in suing companies such as Napster and others for digital music copyright violations. Audiogalaxy case is part of the genesis these RIAA's lawsuits.
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arrowINFRINGEMENT OF COPYRIGHTED SOUND RECORDING BY AN UNKOWN WEBSITE OPERATOR

Copyright provisions have found their way onto the Internet, quite frequently, in the advent of digital music. The decision of A&M Records v. Internet Site, known as Fresh Kutz, provided an example of a website that actively encouraged downloads of copyrighted material and sought the donation of copyrighted works. This case was one of the first cases regarding illegal downloading of music and, perhaps, the first one to grant temporary injunction against infringers of copyrights in sound recordings.
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arrowPEER-TO-PEER FILE SHARING, AND CONTRIBUTORY AND VICARIOUS LIABILITY

US copyright laws and related state laws began to extensively apply to peer -to-peer file-sharing cases after 2004. A decision by the Ninth Circuit in the Napster case was the first case involving the application of contributory and vicarious liability to a peer-to-peer file sharing system. The subsequent case of MGM v. Grokster will determine further liabilities of peer-to-peer filing sharing.
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arrowBIGINNING OF THE ENFORCEMENT OF COPYRIGHT LAWS AGAINST ONLINE MUSIC SWAPPERS

In the fight against digital music piracy, Internet Service Providers or individuals permitting the uploading and downloading of copyrighted music files are increasingly been prosecuted in the United States. Initially, enforcement of copyright laws in online music cases was not directed to individual users but rather to online companies. Yet, after 2004 and the proliferation of online music swappers, there has been a shift in this enforcement pattern and now individual users are the target of legal enforcement and may face penalties and/or jail time for copyrights infringement. Following, there is a brief description of how the United States (US) began enforcing copyrights laws against Peer-to-Peer online file sharing users.
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arrowDIGITAL MUSIC SPOOFS POSTED ONLINE TO FIGHT MUSIC PIRACY

Numerous amounts of "spoof" files have been anonymously posted to the hugely popular sites where music fans traded songs online. Spoofs are usually only repetitive loops or snippets filled with crackle and hiss, and thousands are now unwittingly downloaded everyday from file-sharing services that became operating after Napster's temporal shut down . The identity of the poster of this material and whether or not this tactic is legal is still a question.
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arrowDIGITAL MUSIC PIRACY AND STATUTORY DAMAGE AVAILABILITY

Copyright provisions are constantly applied to Internet distribution of digital music. The availability of digital music is becoming more common despite the extensive litigation and cease and desist letters that have been used to resolve the issue. The culpability of Internet sites has come under fire many times but disputes are still ongoing. Rock stars Bob Dylan, Billy Joel and James Taylor filed a lawsuit against Vivendi Universal's MP3.com music Web site for allegedly distributing their songs without authorization. Statutory damages may be sought in Internet piracy cases.
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arrowHOW TO ACTIVELY FIGHT INTERNET COPYRIGHT VIOLATION?

As indicated in the summary entitled “How to Protect a Website from Copyright Violation,” it is extremely easy to violate the rights of a copyright owner, either inadvertently or not. This is true in spite of all the techniques used to prevent copyright infringement, such as legal warnings, passwords, watermarking, licenses, etc. However, technological advances also make it possible to actively fight copyright violation by identifying and reporting the infringers.
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arrowRINGTONES AS INTELLECTUAL PROPERTY

On September 14, 2006, the U.S. Patent Officefs Copyright Royalty Board considered a request by the Recording Industry Association of America (RIAA), relating to United States Code 17 U.S.C. ˜ 115 regarding a novel question of law -- if the delivery of songs to cell phones and the like constitute a gphonorecordh (gsongs,h for these purposes) copyrighted entity, and if so – what are conditions and limitations of the legal rights involved?
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arrowPEER TO PEER MUSIC SHARING SINCE MGM V. GROKSTER (2005)

While private person to person Internet file sharing has proceeded seemingly unabated since the 2005 MGM v. Grokster U.S. Supreme Court decision, the Court nonetheless decisively ruled by broadly outlawing all such sharing, branding it theft, and paving the way for litigation. Such so-called “peer to peer” (P2P) sharing of files, especially of music, is an aspect of the larger subject of copyright law, and any discussion must reference this to be properly understood. This article considers the history of file sharing, the 2005 Grokster case; the issues of Secondary Liability and Intentional Active Inducement, and if companies are enforcing the law and, if so, how?
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CHAPTER 2: Software, Computer Programs, and Copyrights

 
arrowLIABILITY FOR COPYRIGHT INFRINGEMENT WILL BE IMPOSED ON AN OPERATOR WHO WILLFULLY ASSISTS SUBSCRIBERS IN THE INFRINGEMENT OF ANOTHER'S COPYRIGHTS

In Sega Enterprises v. MAFIA, the court determined that bulletin board service operators can be liable for the infringing files that have uploaded and downloaded by its subscribers. The case determined that a permanent injunction should be granted to avoid further copyright infringements from occurring by the BBS and the BBS operator.
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arrowPUBLICATION OF DECRYPTION SOFTWARE VIOLATES DMCA

This article addresses the issue of the application of the Digital Millennium Copyright Act (DMCA) to the publishing of software-decryption information on an Internet site. A case that exemplifies the conflict between copyright law and the constitutional protections of free speech will be examined. The Copyright Clause grants authors "the exclusive Right to their respective Writings and Discoveries," thereby prohibiting others from utilizing certain forms of expression. The First Amendment prohibits Congress from "abridging the freedom of speech" and expression. However these two rights appear to be in direct conflict as shown in the fallowing United States federal court decision.
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arrowTHE USE OF OPEN-SOURCE SOFTWARE

Recommendations suggest that governments should require the use of open source software because of substantial benefits, including reduced costs, and that the software they buy uses an open-source license. There has been a conflict between software programmers and developers as well as software sellers such as Microsoft about the use of open source software. The politicians will be looking to other foreign governments and studies to determine governmental use and potential legislation.
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arrowLICENSING CUSTOMIZED SOFTWARE

The use of customized software and its monetary investment have many practical considerations. If an entire business depends on this software and any failure in this software could bring a halt to the business, then the consequences could be dire. The negotiation of customized software also includes the negotiation of source code escrow agreements. Source code escrow agreements are an important feature of a custom software licensing deal. This type of agreement permits the licensee to obtain access to the software's all-important source code under certain limited circumstances.
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arrowSOURCE CODE AND RIGHT OF THE SOFTWARE USER UNDER FRENCH LAW

Under French law, the author of software enjoys an exclusive property right that is enforceable against all persons, including the user. The source code, which is a high-level computer language used to compose software, is covered by this property right. However, in certain circumstances, the user can legally access the source code without the authorization of the author. These circumstances should be strictly defined and regulated by the license agreement.
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arrowFREE SOFTWARE UNDER FRENCH LAW

As opposed to proprietary software, which use, redistribution or modification is prohibited, or requires the authorization of the author, free software is based on the principle of freedom, including the freedom to distribute and improve the program. Under French law, free software like proprietary software remains subject to the provisions of the Intellectual Property Code.
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arrowBENEFITS OF FILING FOR COPYRIGHT PROTECTION OF SOFTWARE

Copyrighting software is an important protection against future infringement. Despite this protection being available for many years, many software publishers, especially at the beginning of the development of the software market, did not file for this protection and became victims of infringement.
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arrowCOPYRIGHT ORDINANCE OF 2001 & ITS EFFECT ON HONG KONG LAWS

Copyright law becomes automatic when the work is created. However the Copyright Ordinance of 2001 was proposed with the goal of criminalizing software piracy for businesses. This type of piracy has affected the interests of the copyright holders and stifled innovation.
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arrowPROTECTION TO COMPUTER PROGRAMS UNDER THE BRAZILIAN LEGISLATION

Internet transactions opened the door for a global economy but it created the need for a wide range of legislation as well. The legislation called for have two facets. In one hand, we have the regulatory legislation essential to facilitate e-commerce transactions such us digital signatures, e-contracts, intellectual property, etc. In the other hand, we have legislation that penalizes certain conducts taking place on the web (cyber-crimes laws). Latin American countries are steadily implementing e-commerce legislation. Most of these countries set their priorities regarding the laws to implement first. For instance, Brazil promptly implemented a computer program protection law in 1998 before it publish digital or electronic signature laws. Being the Latin American headquarters of major technology industries and given the country’s active import/export economy, this law was highly recommended for Brazil. This excerpt addresses the main issues considered by the Brazilian Computer Program Protection law 9,609 of 1998. This law is a mixture of rules facilitating e-commerce transactions and punishing unaccepted conducts regarding computer programs.
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arrowRULES, OBJECTIVES, AND PROCEDURE FOR THE REGISTRATION OF COPYRIGHTS UNDER THE COLOMBIAN LEGISLATION, INCLUDING REGISTRATION OF SOFTWARE

Colombian Copyright Law 44 of 1993 modified and supplemented Copyright law 23 of 1982, which had established the copyright principles in Colombia. Law 44, Chapter II, specifically addressed the registration of copyrights and the benefits conferred by such registration. Following is a summary of applicable principles to copyrights’ registration under Law 44/93 and Law 23/82. This writing concentrates on, works or acts that may and must be registered, benefits conferred by the registration, the legal deposit, and the registration procedure.
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arrowHOW TO PREVENT SOFTWARE PIRACY?

Copyright infringement of software, also called “software piracy” by those seeking to prevent it, is one of the main threats faced by software companies, whose main assets are the programs they develop. Same as for copyright infringement of other original works, such as images or audio files, there exist ways to prevent software piracy.
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arrowIMAGE SEARCHES AND THE ISSUE OF COPYRIGHTS

Image search engines are software engines that find images on the web and make them available for the general public. Many Internet users and web site owners copy such images for their personal use. Nevertheless, such copying breaches intellectual property rights and property interest of the image owners unless they authorize such use. Using someone else's work, including images, without the author’s express permission is not permitted under most countries' copyright laws. Internet search engines that help web users find pictures on web are winding up in court on copyright infringement charges. This article addresses the issue of image searches and its treatment under copyright laws.
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arrowCOMPUTER SOFTWARE PIRACY AND RELEVANT LAWS IN JORDAN

In order to tackle the problem of software piracy, Jordan’s government has passed several intellectual property laws. These laws include amendments to the 1992 Copyright Law and the institution of various regulations for the purpose of protecting intellectual property. Jordan’s National Library Department is responsible for enforcing these laws. Due to these governmental efforts software piracy has declined in Jordan. However, according to Business Software Alliance (BSA) statistics (2005) Jordan’s software piracy remains at 64%, which is above most of industrialized countries.
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arrowOVERVIEW OF THE TAIWAN COPYRIGHT ACT

Taiwan, an island southeastern of China Mainland, is one of the world’s most densely populated places with over 21 million inhabitants in its 245 mile-length by 89.5 mile-wide territory. The official language in Taiwan is Mandarin but given the United Kingdom influence in China, English is widely spoken in Taiwan. Taiwan GDP (approximately 8% yearly) has steadily increased during the past decades due to Taiwan’s strong foreign trade transactions (especially export dealings); indeed, Taiwan joined the Word Trade Organization (WTO) in 2002. Before joining the WTO in 2002, Taiwan underwent major changes to its already amended 1928 Copyright Act. This article informs on the Taiwan Copyright Act and its most recent changes to comply with the requirements of the TRIPS Agreement.
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arrowNEW ZEALAND COPYRIGHT NEW TECHNOLOGIES AND PERFORMERS' RIGHTS AMENDMENT BILL OF 2008

An updated Intellectual Property Rights (IPR's) Bill has just passed in New Zealand. This Copyright law was approved by the New Zealand legislature and amends the Copyright Act of 1994. It is designed to accommodate new technology, such as digital music and film. It was crafted to create a new regime where the general copyright laws are worded such as make them easier to adapt to changing technology. It also was crafted to maintain a balance between the important interests of creators, owners and consumers of copyright works.
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arrowFIJI COPYRIGHT ACT, 1999

After a century under British rule, Fiji became independent on October 10, 1970. Several coups followed and a period of military rule was ended when a new constitution was established that ushered in a period of democratic rule in the early 2000's. An ethnically diverse population make up the almost one million residents.
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arrowCOURT DISMISSES STUDENTS’ COPYRIGHT CLAIM IN FAVOR OF PLAGIARISM DETECTING PROGRAM “TURNITIN”

In a recent decision, A.V. v. iParadigms, Civ. Act. No. 07-0293 E.D. Va., March 11, 2008, the U.S. District Court for the Eastern District of Virginia held that the plagiarism detecting program “TurnItIn” constituted a fair use of the plaintiffs’ copyrighted materials. This system compares submitted student papers to other documents found in its database and stores the papers for future comparison with other submitted papers.
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CHAPTER 3: Internet Radio License and Royalty Payments

 
arrowINTERNET RADIO AND COPYRIGHTS

Transmissions of an AM/FM radio broadcast over the Internet or other digital communications network are subject to copyright guidelines.
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arrowONLINE RADIO BROADCASTS MUST PAY ROYALTY FEES

A ruling by a federal court upholding the legislative decision of the United States Copyright Office means that radio stations that stream their music over the Internet will be on the same footing as webcasters and must pay the royalty rates to the record labels.
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SUPPLEMENTAL DOCUMENTS:

 
arrowVideo-Sharing: may this new Internet Phenomenon Violate Copyrights?

Vide-sharing is the contemporary style of free speech. Users generate videos and upload them in video sharing websites. You may find videos on all subjects, colors, flavors, and for every one's taste. Indeed, CNN broadcasted last week an autistic lady who had uploaded her own video on You Tube and her intelligent comments on autistic communication surprised many. But video-sharing is not only a great way for people"s free expression; it is also a multimillion dollar industry vulnerable to lawsuits for copyright infringement. Last year, Google bought You Tube, one of the most famous U.S. video-sharing websites, for US$1.65 billion. You Tube ranked within the 10-most-visited websites last year and no doubt Google was aware of that given the high-purchase. But certainly, Google’s experience in defending from copyright infringement lawsuits will prove valuable for its new video-sharing industry.
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arrowAnother Internet Firm is Coerced into Changing its Website

The video-sharing company YouTube has been the latest Internet firm forced to modify its site to comply with laws in a particular country. Earlier this month, an Istanbul (Turkey) court ordered local Internet Service Providers to block access to YouTube. The Court adopted the decision after videos deemed insulting to Mustafa Kemal Ataturk, the nation’s founder, were uploaded into the site. The court maintained the ruling until YouTube removed said videos. Insulting Ataturk is punishable by imprisonment in Turkey.
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arrowThe impact of the Grokster decision on file sharing

How will providers of file-sharing software operate after the United States Supreme Court decision in Grokster? What is the precedent set in the decision and has the file-sharing technology been rendered illegal? And what about Israel?
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arrowPopstar's Website Hacked to Spread Virus to Fans, Showing ID Phishers Focusing on Social Networking Sites

Rhythm and Blues recording artist Alicia Keys had her MySpace website hacked into by ID theft criminals who made available a free "song" that was actually a virus. The Grammy Award winning singer-songwriter's site was hacked into not once, but twice and anyone simply opening the page had their computer exposed to the Trojan virus because it was loaded into a picture on the site. So if a fan merely passed their mouse or cursor over the photo, it would release the malware. The hack was traced to a criminal website in China, and the group hacked into other Myspace pages, as well. The event merely highlights the explosion of malware, such as Trojan viruses and the like, that has occurred on the Net in 2007 that especially seems to be hitting social networking sites like Myspace, Facebook, and others.
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arrowVideo-game Industry Watchdog Clamps Down on Illegal Game Activity in Singapore

In an effort to enforce its posture against piracy, the video game watchdog, Entertainment Software Association (ESA) in conjunction with the Singapore Police, carried out raids on local stores selling illegal video games. The shops were selling gadgets that allowed users to download and play pirated games on their Nintendo DS handheld consoles. As the holiday season approaches, and greater demand for the games ensues, the ESA warns that more raids will take place and this will even include housing estates, if the sellers of pirated games do not take heed to the warnings and stop their illegal activities.
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arrowWhere is the love? – A saga in copyright!

Malaysia's neighbor, Indonesia, with whom it shares close cultural links, has accused Malaysia of stealing its cultural heritage. The events came about following an advertisement in Malaysia"s overseas tourism campaign by the Malaysian Tourism Board featuring the traditional folk song "Rasa Sayang” loosely translated as the “feeling of love”, as its theme song. Indonesia claims that the song is a folk song from its island of Muluku and is an Indonesian work. It is contemplating suing Malaysia for possible copyright infringement over the catchy Malay folk song and is getting experts to gather evidence that the song belongs to Indonesia.
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arrowSweden Taking Pirate Bay to Court While Music Biz Demands EU Crack Down

Like all major copyright scofflaws, the Pirate Bay had to know its date with Armageddon would likely happen at some time and now Sweden has taken umbrage at the file sharing site and is readying a prosecution against them. With ten-million peers and a million torrents of stolen files, the Bay has certainly grown beyond a cute adolescence. And with CD sales in free-fall as a result of theft and rampant sharing, the music industry is demanding the EU develop a better plan to help slay the voracious copyright-leech that will kill its host, if left unchecked.
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arrowPagerank Software System and the Issue of Liability

Some predict that the growth on Internet advertisement is so large that some day companies' marketing budgets may shift to 100% internet advertisement. "This record spending was once again led by ads linked to Web search results," said the Interactive Advertising Bureau. No doubt, Internet advertisement is a growing industry and every day more companies are recurring to the Internet to offer and sell their products. But, how do those selling advertisement convince their clients of the effectiveness of their marketing plan and how do those selling over the Internet survive in cyberspace? What statistics are shown to convince a company to invest millions of dollars in Internet advertisement? PageRank is one of those systems used by advertisement agencies to sell and e-commerce companies to buy Internet advertisement. This articles explains what PageRank is and the constitutional and other legal issues this software program has raised.
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arrowHow to Register Software Products in Colombia

It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where they are introducing their copyright-protected works. Registration of software in domestic intellectual property office is usually free of charge but a specific process must be followed. Once the software is registered before the appropriate office, it enjoys copyright protection under the current laws and international agreements to which that country is signatory .This article informs on how to register software in Colombia.
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arrowHow Does the European Union Treat Copyrights in the Information Society?

It is well known that the most of the European Union ("EU)” states are members of the World Intellectual Property Organization (“WIPO”) and signatories of WIPO Copyright treaties. Hence, as an economic block with free transfer of people, goods, and services, the EU required uniform rules on copyrights in the information society (“IS') beyond those rules imposed by international law. Having homogeneous regulations on the treatment of copyrights in the IS facilitates interstate- member information technology transactions, fosters development of the IS in Europe, and easies and confers certainty to resolution of feasible intellectual property conflicts. For these basic reasons and many other complex reasons, the European Parliament and Council introduced Directive 2001/29/EC. As the same Directive states, “A rigorous, effective system for the protection of copyright and related rights is one of the main ways of ensuring that European cultural creativity and production receive the necessary resources and of safeguarding the independence and dignity of artistic creators and performers.” This article briefs some of the most relevant provisions of the European Parliament and Council Directive 2001/29/EC.
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arrowUK’s Proposed Internet Anti-Piracy Rule for File-Sharing: Three Strikes and You Are Out

The British government has introduced an Internet Anti-Piracy rule that would require Internet Service Providers ("ISP”) to suspend Internet services from those who engage in illegal downloading of copyrighted material and illegal file-sharing. The proposed rule is similar to a controversial bill presented in France in November 2007 against Internet piracy, and have received the same opposition from ISPs and digital right advocates. If ISP cannot manage to stop illegal downloading or music and movies in the UK, the Government is going to intervene and force ISP to take action against Internet piracy, the UK Government said.
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arrowAlbania Copyright Law

Albania is a smaller state in southeastern Europe, bordering the Adriatic and Ionian Seas, directly across from Italy, and set between Greece in the south and Montenegro and Serbia in the north. The state is working to create a vibrant economy, in part, by embracing the world standard on Intellectual Property Rights (IPR) with some notable successes. It declared independence from the Ottoman Empire in 1912, but was conquered by Italy in 1939 during WWII. After the end of the War, the Communists established themselves in 1944. Albania then aligned with the USSR, ending this in 1960, but shifted to an alliance with China until 1978. After concluding Communist rule in the early 1990s, Albania established a multi-party democracy. Many challenges resulted from almost 50 years of socialist rule, such as high unemployment, chronic corruption, widespread decay of buildings, entrenched organized crime networks, and endemic political gridlock.
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arrowCopyrighted Material v. University-Provided Digital Copies.

This could be one of those IP-IT (Intellectual Property- Information Technology) land-marking cases in the United States ("US"): Oxford University Press, Cambridge University Press, and SAGE Publications, supported by the Association of American Publishers (hereafter "the Publishers"), have sued Georgia State University ("GSU") for copyright infringement. The Publishers claim GSU is infringing upon their copyrights by providing digital copies of the Publishers' courses to GSU students.
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arrowJapan's Protection of Computer Programs

Even though copyright laws were not developed envisioning protection of computer programs, the world's tendency to provide copyright protection to computer programs is growing. According to the Berne Convention for the Protection of Literary and Artistic works and the Universal Copyright Convention, once a country provides copyrights protection to domestically-developed computer programs, it must afford the same protection to computer programs developed by foreign persons from countries signatories to these international agreements. This article presents an overview of Japan's protection of computer programs.
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arrowBasics of Copyrights Laws in France

Copyrights in France are regulated by the French Intellectual Property Code and related international agreements. For instance, France is signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention of Geneva, and WIPO Copyright treaty. Additionally, as member of the European Union, France abides by the European Union Directives related to copyrights such as the European convention for the protection of audiovisual heritage, Directive 2001/29/EC, among others. The National Institute of Industrial Property is the government office in charge of regulating copyrights and related in France. This article provides information on the basics of copyrights in France.
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arrowDo Business Insurance Cover Electronic Data Loss Caused by Defective Software?

The software industry is booming worldwide. China's software industry, one of the fastest growing markets, generated US$80.8 billion (580 billion Yuan) in revenue in 2007. Security software is the most profitable among software categories. Experts predict that the security software industry in China will grow at a compound average growth rate of 10.5 from 2007 to 2012. The panorama is similar for the United States (US) software industry; Microsoft, IBM, Maximizer Software, and other US software companies reported record profits for the year 2007. Hence, as the software industry expands so does consumer complaints. If software products are defective and damage consumers' computers or software, who does pay for these damages?
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arrowPrivileged Revisions v. Copyrights on Works Republished in Databases and other Electronic Forms

The transfer of collective copyrighted works from original prints to databases or electronic forms is redefining copyright principles and laws. Copyright holders are filing copyright infringement law suits against publishers who transfer imprint collective works to databases, CD ROMs, and other electronic forms. The question is whether these new publishing forms constitute privileged revisions under US 17 U.S.C.S. § 201(c) or whether they infringe upon the authors' copyrights.
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arrowOpen Source Licenses and Copyright Infringement Claims

Copyright owners who dedicate their works to free public use can control the future distribution and modification of those works and claim copyright infringement according to a recent decision by a US court of appeals. This decision becomes extremely important for the Internet society where software incubators sites and other copyright holders offer works that can be freely used and, before this decision, were not considered the object of copyright infringement claims.
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arrowTuning In to Combating Music Piracy in Chile

In Chile, over 400 million songs are downloaded unlawfully every year. Piracy has consumed 50 percent of the music market, as reported by the International Intellectual Property Alliance (IIPA).[1] A combination of internet piracy, unlawful reproduction of CDs and DVDs, and the growing presence of street vendors eager to make a profit from the sale of pirated music have contributed to significant losses in the sound recordings and musical composition industries.[2] The IIPA reported that, in 2007, the loss amounted to 29.6 million dollars.
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arrowUnited States-India Copyright Treaty

Just as China once emerged as the manufacturing outsource centre for U.S. producers, India has emerged as the technological hub, data processing, research, and now paralegal outsource centre. U.S. businesses using these offshore services must be aware of both Indian domestic intellectual property (IP) laws and bilateral intellectual property treaties between these two countries. This article informs on the copyright bilateral treaty between the U.S. and India, which has specific relevance for data processing, research, and paralegal outsource services.
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arrowUniversities' Ban to Eliminate File Sharing

Universities have proposed the rule of banning computer access to sites that permit file sharing of movies and music which are pirated and loaded online. School officials at the University of Southern California have informed students that they could face a school year without any computer access if they are found swapping movies and music online. University officials have realized that they may face liability themselves for not enforcing copyrights and allowing their students to engage in this behavior.
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