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Information Policy - Essay Example

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Google does so by taking photographs of a book pages using a special camera and later analyze them to recognize pages on the book. For books under copyright, Google only showed snippets of…
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Information Policy
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Copyright, Patents and Trademarks Question Information Copyright and Coase Theorem According to Grimmelmann , Google attempts to create a searchable index of books. Google does so by taking photographs of a book pages using a special camera and later analyze them to recognize pages on the book. For books under copyright, Google only showed snippets of short sections for texts around the terms a user searches. In 2005, copyright owners sued Google for copyright infringement. The two parties attempted to reach a settlement, but the settlement was rejected by the court (Grimmelmann, 2011).
Under the settlement agreement, an opt-out system would be applied. In the opt-out system, Google could sell the book unless the copyright owner objected. Orphan work was also another issue of contention in the settlement. Google could sell the orphan works until the owner of the work showed himself. The owner of the work would be paid their share when they came forward. Was the court justified to reject the settlement despite the fact that it was after an agreement between Google and copyright owners? Based on the existing copyright laws, was the opt-out system proposed by Google in line with the existing laws? Bearing in mind that exceptions where the opt-out system is allowed, was the opt-out system beneficial to both parties and should it be added to the list of opt-out exemptions in the copyright law? How should orphan works be used? Should Copyright law apply to them? According to Swygert and Earle Yanes (1998), disputants will always rearrange their entitlements, rights, and liabilities in a manner which produces gain in their combined wellbeing if they have perfect knowledge of all the alternatives, and transaction costs are zero. Can the Coase theorem be used to resolve copyright disputes such as the dispute between copyright owners and Google? Suppose the settlement between Google and Copyright owners was agreed on by the Court how would piracy affect such an agreement? How does piracy affect Copyright?
References
Grimmelmann, J. (2011). The Elephantine Google Books Settlement.
Swygert, & Earle Yanes, K. (1998). A Primer on the Coase Theorem: Making Law in a World of Zero Transaction Costs. Depaul Business Law Journal, 1-29.
 Duncan, G. (2011). Will piracy kill e-book lending? Digital Trends. Retrieved 19 June 2015, from http://www.digitaltrends.com/mobile/will-piracy-kill-ebook-lending-ready/

Question 2
Copyright, Patent and Trademark Enforcement
According to DeNardis (2015), a search engine algorithm is one way to enforce trademarks and copyrights. The search engine ranks sites using algorithms, where sites with low ratings are blacklisted or shown lowest in the search. A three strike policy is also recommended whereby ISPs deny users who violate copyrights or trademarks Internet access. However, the UN indicates that the policy is against human rights.
Another way of safeguarding copyright and trademarks is to switch off domains. The Immigration and Customs Enforcement (ICE) investigates domains that violate copyrights or trademarks and acquires a court order to shut down the domain. It turns off the domain by redirecting it to a different site without the pirated material. Is the three strike rule justified or do you agree it is against the freedom of expression? Is domain redirection an effective method of curbing piracy? How can it be improved? Do you believe that piracy is manageable in cyberspace considering that the number of users is growing by the day?
According to the Washington post, top level domains are not subject to seizure. According to the post, a court refused to allow the seizure of national domains of North Korea, Iran, and Syria. The court argued that this would deal a blow to critical internet infrastructure? Is the ruling by the Court a double standard given the fact that a closure of other domains which the courts have authorized their termination also affects Internet infrastructure? How can top-level domains be used to ensure they also enforce copyrights and trademarks?
References
Post, D. Are Internet domain names “property”? Washington Post. Retrieved 19 June 2015, from http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/01/are-internet-domain-names-property/
Post, D. DC Court rules that Top-Level Domain not subject to seizure. Washington Post. Retrieved 19 June 2015, from http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/13/dc-court-rules-that-top-level-domain-not-subject-to-seizure/
DeNardis. Global War for Internet Governance Internet Architecture and Intellectual Property (pp.173-198)
Mueller. (2010). Networks &State IP versus IP (p.129-158).
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