Whose burden is it anyway? Addressing the needs of content owners in DMCA safe harbors.(Digital Millennium Copyright Act): An article from: Federal Communications Law Journal
Book Details
Author(s)Greg Jansen
PublisherFederal Communications Law Journal
ISBN / ASINB003E3X6SI
ISBN-13978B003E3X6S0
AvailabilityAvailable for download now
MarketplaceUnited States 🇺🇸
Description
This digital document is an article from Federal Communications Law Journal, published by Federal Communications Law Journal on January 1, 2010. The length of the article is 12151 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available immediately after purchase. You can view it with any web browser.
From the author: Much of today's network neutrality debate addresses concerns that cable providers will limit access to competing Web-based services delivering multimedia content. While proposals to mandate nondiscrimination for all Internet traffic surely will help create a competitive environment where online entertainment providers can prosper, ISP interference is not the only threat. Online entertainment sites that relay user-generated content are threatened by crippling litigation brought by copyright holders for actions taken by third parties using their services. Reliance on the safe harbors provided in the Digital Millennium Copyright Act has, in most cases, proved unsuccessful. This Note addresses the concerns of both copyright holders and online service providers by looking at the pending $1 billion Viacom v. YouTube litigation, concluding that more liberal use of the safe harbor's "standard technical measure" provision will satisfy both parties' interests. The proposed solution will limit the threat posed by online service providers to content owners while simultaneously encouraging online commerce and competition by reducing the threat of litigation.
Citation Details
Title: Whose burden is it anyway? Addressing the needs of content owners in DMCA safe harbors.(Digital Millennium Copyright Act)
Author: Greg Jansen
Publication:Federal Communications Law Journal (Magazine/Journal)
Date: January 1, 2010
Publisher: Federal Communications Law Journal
Volume: 62 Issue: 1 Page: 153(29)
Distributed by Gale, a part of Cengage Learning
From the author: Much of today's network neutrality debate addresses concerns that cable providers will limit access to competing Web-based services delivering multimedia content. While proposals to mandate nondiscrimination for all Internet traffic surely will help create a competitive environment where online entertainment providers can prosper, ISP interference is not the only threat. Online entertainment sites that relay user-generated content are threatened by crippling litigation brought by copyright holders for actions taken by third parties using their services. Reliance on the safe harbors provided in the Digital Millennium Copyright Act has, in most cases, proved unsuccessful. This Note addresses the concerns of both copyright holders and online service providers by looking at the pending $1 billion Viacom v. YouTube litigation, concluding that more liberal use of the safe harbor's "standard technical measure" provision will satisfy both parties' interests. The proposed solution will limit the threat posed by online service providers to content owners while simultaneously encouraging online commerce and competition by reducing the threat of litigation.
Citation Details
Title: Whose burden is it anyway? Addressing the needs of content owners in DMCA safe harbors.(Digital Millennium Copyright Act)
Author: Greg Jansen
Publication:Federal Communications Law Journal (Magazine/Journal)
Date: January 1, 2010
Publisher: Federal Communications Law Journal
Volume: 62 Issue: 1 Page: 153(29)
Distributed by Gale, a part of Cengage Learning
