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1
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- Looking at Copyright Law as a
- Computer Scientist
- Consumer
- Teacher of an E-Commerce
Course
- Joan Feigenbaum
- http://www.cs.yale.edu/~jf
- February 2003
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2
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- Part of the spec should be “enforce copyright law” (or at least “obey
copyright law”).
- In US Copyright Law
- Owners are given (fairly) well defined rights
- Users are given “exceptions” to owners’ rights.
- This is no way to specify a system!
- Need affirmative, direct specification of what users are allowed to do.
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3
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- Lots of clever arguments in favor of
- Users’ rights to reverse engineer
- Users’ rights to circumvent
- These arguments are correct but insufficient
- As system engineering (see “specification” slide)
- As a philosophical position: If fair use is a part of the copyright
bargain, one should not have to hack around a TPS to make fair use.
- As protection against ever-expanding rights of owners: What if someone
builds a TPS that can’t be hacked?
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4
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- “Fair use analysis therefore requires a fact intensive, case-by-case
approach.” [Mulligan and Burstein 2002]
- This is no way to engineer a mass-market system!
- Need to be able to recognize the typical, vast majority of fair uses
extremely efficiently and permit them.
- Note that, in the analog content-distribution world, the vast majority
of fair uses are non-controversial.
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5
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- “The best TPS is a Great Business Model.” [Lacy, Maher, and Snyder 1997]
- Use technology to do what it does naturally.
- An Internet content-distribution business should benefit from uncontrolled
copying and redistribution.
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