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Google Rules (The History and Future of Copyright under the Influence of Google)

Google Rules (The History and Future of Copyright under the Influence of Google)

  • ₹650.00

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  • Author(s): Joanne E Gray
  • Publisher: Oxford University Press
  • Edition: Ed Rp 2020
  • ISBN 13 9780197531846
  • Approx. Pages 228 + Contents
  • Format Paperback
  • Approx. Product Size 24 x 16 cms
  • Delivery Time Normally 7-9 working days
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I believe strongly in the value of a vibrant and diverse creative world. For most of my career, I have worked closely with artists, people who create music and art. I see up close the contribution they make to our society-enriching and enlightening. Copyright has also played a central role in my professional life. Copyright protects art, music, and other creative expression and is important for building a career from a creative practice. But for most of my career, I've felt that there's something amiss with how copyright functions and with how the policy debate typically plays out. Too much attention is given to established industry players, and the concepts central to the copyright orthodoxy appear divorced from actual creative practice and the interests of actual artists. Several years ago, it occurred to me that Google might represent a turning point in the history of copyright. Here was a technology giant arguing for changes to copyright laws to support more public access to works and creative freedoms. Could Google be a corporate white knight? Or were Hollywood and Rupert Murdoch correct in thinking Google is a parasite set to destroy all possibility for commercial success in the creative industries? Of course, once I looked into it, I quickly realized both estimations of Google were inaccurate. I discovered that the story of Google and copyright is thorny and complex, with consequences that reach far beyond artists, art, and the media and entertainment industries.
1. A Brief History of Digital Copyright and Google: Politics, Ideologies,
and Agendas 1
Copyright's Foundational Tension: In Service of Both Public and
Private Interests 3
Copyright's Foundational Objectives in the Digital Age 5
Digital Copyright Politics: The Search for a New Model of Control 6
An Ideological Setting: The Laissez-Faire Evolution of the Digital
Environment 10
The Advent of Google 13
2. The Value and Function of Copyright: Why the Copyright Debate
Matters to Us All 19
The Conventional Wisdom of Copyright as a Private Property
Right 20
Politically Constructed Concepts of Authorship and Creativity 21
Social, Cumulative, and Appropriated Creativity 22
Authors' Rights: The Labor and Personality Theories of Copyright 25
Labor Theory: The Liberating Nature of Private Property 26
Personality Theory: Private Property for Self-Actualization 28
An Economic Theory of Copyright: Private Property for Market
Transactions 29
The Economic Model-Copyright as an Economic Incentive 30
A Cultural Theory of Copyright 33
Human Flourishing, the Social Human, and a Cultural
Democracy 34
Cultural Theory, Creativity, and Copyright 37
Why the Cultural Theory Approach to Understanding Copyright
Is the Right Approach for the Digital Age 38
Conclusion 40
3. "Innovate First, Permission Later": Google's Copyright Policy
Agenda 41
Google's Innovation Idealism 42
In a Digital Economy, Copyright Is Economic Policy 45
What, Then, Should Policymakers Do? "Balanced" Copyright for the
Copyright and Creativity-Valuing Innovation over Tradition 47
Digital Age 49
A Flexible Fair Use Exception-The Gold Standard for Balanced
Copyright 50
Safe Harbors for Online Intermediaries-The Second Pillar of
Balanced Copyright 54
Google's Plan for Addressing "Piracy"-Leave It to Innovation! 60
Conclusion 62
4. Google vs. The Copyright Tradition: Litigating "Innovate First,
Permission Later" 65
Copying the Entire Internet 66
Testing the Legality of Automated Copying of Websites-Field
v. Google 67
A Second Test-Parker v. Google 69
Copying Other People's Photos-Perfect 10 v. Google 70
In-Line Linking-What Does It Mean to Serve Content over the
Internet? 71
But What About Those Thumbnail Copies?! 72
A Public Interest Deal 74
If We Can Copy Websites and Images, Then Why Not Books? 74
Perhaps Making Full Copies of Books Is Pushing Things Too Far?
A Proposed Settlement (2008) 76
Google Books Is a Fair Use of Authors' Works-The District Court
Decision (2013) 77
Copying for a Searchable Database Is a Quintessentially Fair Use-
The HathiTrust Decision (2014) 79
Displaying Snippets Is Fair Too-The Second Circuit Decision
(2015) 79
The Significance of the Google Books Decision 81
Google's Obligation to Monitor for Copyright Infringement-Viacom
You Tube 83
Was You Tube Entitled to Intermediary Safe Harbor? 83
Viacom: YouTube Knew All About Its Users' Infringement! 84
Google: You Tube Has No Obligation to Monitor for or Investigate
Infringement! 85
No Duty to Monitor-The District Court Decision (2010) 86
But Did You Tube Have Actual Knowledge of Infringement? The
Second Circuit Decision (2012) 87
The Path to a Settlement 87
Copying Oracle's API-Oracle v. Google 88
The Java Platform and Google's Android 88
So, What Exactly Did Google Copy? 89
No Copyright Protection for the Java API-The District Court
Decision (2012) 90
Oracle's API Is Protected by Copyright-The Federal Circuit
Decision (2014) 91
Google's Copying Was a Fair Use-A Jury Decision (2016) 93
The Jury Was Wrong-The Federal Circuit Decision (2018) 94
Conclusion 95
5. The Problems of Google News in Europe 97
Aggregating News Articles 98
The Problems of News Media in the Digital Age 100
Agency France Presse-United States 102
Copiepresse-Belgium 103
Federazione Italiana Editori Giornali-Italy 105
Leistungsschutzrecht für Presseverleger-Germany 106
Digital Publishing Innovation Fund-France 107
European Commission Copyright Directive-European Union 110
Article 32 of the Ley de Propiedad Intelectual-Spain 108
Digital News Initiative-European Union 109
Conclusion 113
6. Google's Private Copyright Rule-Making and Algorithmic
Enforcement 117
Large-Scale Algorithmic Notice and Take-Down 118
Beyond Notice and Take-Down: Sanitizing Search 119
Further Beyond: Content ID on YouTube 121
Governed by Google: Private Copyright Rule-Making, Algorithmic
Enforcement, and the Public Interest 127
Conclusion 133
7. From Access to Monopoly: The Results and Complexities of Google's
Copyright Logic 135
Google's Access Paradox 135
Economic Consequences of Google's Monopoly Power: The Capacity
for Anticompetitive Practices 140
The Cultural Consequences of Monopoly Power in an Information
Market 144
Political Consequences of Google's Monopoly Power-Private
Regulatory Power 145
Democracy and Concentrated Private Power in the Digital
Environment 147
Conclusion 150
8. Conclusion: Achieving Public Interest Outcomes in a Digital
Environment Dominated by Monopolistic Technology Firms 151
Directly Addressing Google's Monopoly Power 152
Imposing Public Interest Responsibilities upon Google 156
Public Interest Copyright Law Reforms 157
Self-Regulating in the Public Interest 159
Conclusion 164
Author Details
Joanne E. Gray

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