Some Reflections on Copyright Management Systems and Laws Designed to Protect Them

Copyright management systems (CMS)—technologies that enable copyright owners to regulate reliably and charge automatically for access to digital works—are the wave of the very near future. The advent of digital networks, which make copying and distribution of digital content quick, easy, and undetectable, has provided the impetus for CMS research and development. CMS are premised on the concept of trusted systems or secure digital envelopes that protect copyrighted content and allow access and subsequent copying only to the extent authorized by the copyright owner. Software developers are testing prototype systems designed to detect, prevent, count, and levy precise charges for uses that range from downloading to excerpting to simply viewing or listening to digital works. In a few years, for example, an individual seeking online access to a collection of short fiction might be greeted with a menu of options including: Open and view short story A — $0.50, or$0.40 for students doing assigned reading (verified based on roster submitted by instructor) Open and view short story B (by a more popular author) — $0.80, or$0.70 for students Download short story A (encrypted and copy-protected) — $1.35 Download short story B —$2.25 Download entire collection — $15.00 Extract excerpt from short story A —$0.03 per 50 words Extract excerpt from short story B — $0.06 per 50 words CMS also loom large on the legislative horizon. Copyright owners have argued that technological protection alone will not deter unauthorized copying unless the law provides penalties for circumventing the technology. Although a bill to protect CMS against tampering failed to reach a vote in Congress last year, the World Intellectual Property Organization\u27s recent adoption of treaty provisions requiring protection means that Congress must revisit the question soon. Part II describes these developments. The seemingly inexorable trend toward a digital CMS regime raises two questions, which the author addresses in parts III and IV, respectively. First, broadly drawn protection for CMS has the potential to proscribe technologies that have indisputably lawful uses and also to foreclose, as a practical matter, uses of copyrighted works that copyright law expressly permits. How may protection for CMS be drafted to avoid disrupting the current copyright balance? Second, and equally fundamental, CMS may enable both pervasive monitoring of individual reading activity and comprehensive private legislation designed to augment—and possibly alter beyond recognition—the default rules that define and delimit copyright owners\u27 rights. Given the unprecedented capabilities of these technologies, is it also desirable to set limits on their reach

Sold Downstream: Free Speech, Fair Use, and Anti-Circumvention Law

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss. Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree as to whether or not fair use provides a defense when determining the liability of selling products that enable me to access and copy my CDs to my computer. This article examines a line of cases in the Ninth Circuit that hold that fair use or lawfulness of copying is irrelevant in calculating liability under the Digital Millennium Copyright Act (DMCA) and another line of cases in the Federal Circuit which hold that fair use should be relevant. In particular, this article argues that calculating fair use into the analysis is crucial in maintaining the balance between the First Amendment’s protection of free speech rights and copyright’s regulation of speech. Part I will outline the relationship between free speech rights and copyrights, noting the important role that fair use plays in keeping this relationship harmonious. Part II will outline the anti-circumvention provisions in the Digital Millennium Copyright Act and argue that these broad brush provisions chill speech. Part III will discuss two streams in the current law: first, the Ninth Circuit’s decisions 321 Studios v. Metro Goldwyn Mayer Studios, Inc.1 and Sony Computer Entertainment America, Inc. v. Divineo; 2 and, second, the Federal Circuit’s decisions in The Chamberlain Group, Inc. v. Skylink Technologies, Inc.3 and Storage Technology Corporation v. Custom Hardware Engineering & Consulting, Inc.4 Part IV will argue that the Federal Circuit’s approach to fair use is favored. However, an alternate analysis toward their conclusion would have more constitutional integrity. Namely, the DMCA, as applied to software, should be seen as a content-based restriction on speech and should not be read to prohibit circumvention of access controls where the circumvention would not constitute a copyright violation.

Preserving Electronically Encoded Evidence

Seeking to preserve electronically encoded evidence implies that an incident or event has occurred requiring fact extrapolation for presentation, as proof of an irregularity or illegal act. Whether target data are in transit or at rest, it is critical that measures be in place to prevent the sought information from being destroyed, corrupted or becoming unavailable for forensic investigation

Knowledge-Based Approach and System for Processof School/University Orientation

The school / university orientation interests a broad and often badly informed public. Technically, it is an important multicriterion decision problem, which supposes the combination of much academic professional and/or lawful knowledge, which in turn justifies software resorting to the techniques of Artificial Intelligence. CORUS is an expert system of the "Conseil et ORientation Universitaire et Scolaire", based on a knowledge representation language (KRL) with rules and objects, called/ known as Ibn Rochd. CORUS was developed thanks to DéGSE, a workshop of cognitive engineering which supports this LRC. CORUS works out many acceptable solutions for the case considered, and retains the most satisfactory among them. Several versions of CORUS have extended its services gradually

Patent Scope and Innovation in the Software Industry

Software patents have received a great deal of attention in the academic literature. Unfortunately, most of that attention has been devoted to the problem of whether software is or should be patentable subject matter. With roughly eighty thousand software patents already issued, and the Federal Circuit endorsing patentability without qualification, those questions are for the history books. The more pressing questions now concern the scope to be accorded software patents. In this Article, we examine the implications of some traditional patent law doctrines for innovation in the software industry. We argue that patent law needs some refinement if it is to promote rather than impede the growth of this new market, which is characterized by rapid sequential innovation, reuse and re-combination of components, and strong network effects that privilege interoperable components and products

On the User Perception of Configurable Reference Process Models - Initial Insights

Enterprise Systems potentially lead to significant efficiency gains but require a well-conducted configuration process. A configurable reference modelling language based on the widely used EPC notation, which can be used to specify Configurable EPCs (C-EPCs), has been developed to support the task of Enterprise Systems configuration. This paper presents a laboratory experiment on C-EPCs and discusses empirical data on the comparison of C-EPCs to regular EPCs. Using the Method Adoption Model we report on modeller’s perceptions as to the usefulness and ease of use of C-EPCs, concluding that C-EPCs provide sufficient yet improvable conceptual support towards reference model configuration

Do Process Modelling Techniques Get Better? A Comparative Ontological Analysis of BPMN

Current initiatives in the field of Business Process Management (BPM) strive for the development of a BPM standard notation by pushing the Business Process Modeling Notation (BPMN). However, such a proposed standard notation needs to be carefully examined. Ontological analysis is an established theoretical approach to evaluating modelling techniques. This paper reports on the outcomes of an ontological analysis of BPMN and explores identified issues by reporting on interviews conducted with BPMN users in Australia. Complementing this analysis we consolidate our findings with previous ontological analyses of process modelling notations to deliver a comprehensive assessment of BPMN

The Place of the User in Copyright Law

Copyright doctrine . . . is characterized by the absence of the user. As copyright moves into the digital age, this absence has begun to matter profoundly. As I will show, the absence of the user has consequences that reach far beyond debates about the legality of private copying, or about the proper scope of user-oriented exemptions such as the fair use and first sale doctrines. The user\u27s absence produces a domino effect that ripples through the structure of copyright law, shaping both its unquestioned rules and its thorniest dilemmas. The resulting imbalance - empty space where one cornerstone of a well-balanced copyright edifice should be - makes for bad theory, bad policy, and bad law

An Evaluation of Inter-Organizational Workflow Modelling Formalisms

This paper evaluates the dynamic aspects of the UML in the context of inter-organizational workflows. Two evaluation methodologies are used. The first one is ontological and is based on the BWW (Bunge-Wand-Weber) models. The second validation is based on prototyping and consists in the development of a workflow management system in the aerospace industry. Both convergent and divergent results are found from the two validations. Possible enhancements to the UML formalism are suggested from the convergent results. On the other hand, the divergent results suggest the need for a contextual specification in the BWW models. Ce travail consiste en une évaluation des aspects dynamiques du language UML dans un contexte de workflow inter-organisationnel. Le choix du language par rapport à d'autres est motivé par sa richesse grammaticale lui offrant une très bonne adaptation à ce contexte. L'évaluation se fait par une validation ontologique basée sur les modèles BWW (Bunge-Wand-Weber) et par la réalisation d'un prototype de système de gestion de workflows inter-organisationnels. À partir des résultats convergents obtenus des deux différentes analyses, des améliorations au formalisme UML sont suggérées. D'un autre coté, les analyses divergentes suggèrent une possibilité de spécifier les modèles BWW à des contextes plus particuliers tels que ceux des workflows et permettent également de suggérer d'autres améliorations possibles au langage.Ontology, Conceptual study, Prototype Validation, UML, IS development methods and tools., Ontologie, étude conceptuelle, validation du prototype, UML, méthodes et outils de développement IS