| Preface |
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xiii | |
| Acknowledgments |
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xvii | |
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1 A Brief History of Digital Copyright and Google: Politics, Ideologies, and Agendas |
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1 | (18) |
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Copyrights Foundational Tension: In Service of Both Public and Private Interests |
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3 | (2) |
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Copyright's Foundational Objectives in the Digital Age |
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5 | (1) |
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Digital Copyright Politics: The Search for a New Model of Control |
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6 | (4) |
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An Ideological Setting: The Laissez-Faire Evolution of the Digital Environment |
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10 | (3) |
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13 | (6) |
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2 The Value and Function of Copyright: Why the Copyright Debate Matters to Us All |
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19 | (22) |
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The Conventional Wisdom of Copyright as a Private Property Right |
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20 | (1) |
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Politically Constructed Concepts of Authorship and Creativity |
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21 | (1) |
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Social, Cumulative, and Appropriated Creativity |
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22 | (3) |
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Authors' Rights: The Labor and Personality Theories of Copyright |
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25 | (4) |
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Labor Theory: The Liberating Nature of Private Property |
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26 | (2) |
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Personality Theory: Private Property for Self-Actualization |
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28 | (1) |
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An Economic Theory of Copyright: Private Property for Market Transactions |
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29 | (4) |
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The Economic Model---Copyright as an Economic Incentive |
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30 | (3) |
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A Cultural Theory of Copyright |
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33 | (7) |
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Human Flourishing, the Social Human, and a Cultural Democracy |
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34 | (3) |
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Cultural Theory, Creativity, and Copyright |
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37 | (1) |
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Why the Cultural Theory Approach to Understanding Copyright Is the Right Approach for the Digital Age |
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38 | (2) |
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40 | (1) |
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3 "Innovate First, Permission Later": Google's Copyright Policy Agenda |
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41 | (24) |
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Google's Innovation Idealism |
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42 | (3) |
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In a Digital Economy, Copyright Is Economic Policy |
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45 | (2) |
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Copyright and Creativity---Valuing Innovation over Tradition |
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47 | (2) |
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What, Then, Should Policymakers Do? "Balanced" Copyright for the Digital Age |
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49 | (1) |
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A Flexible Fair Use Exception---The Gold Standard for Balanced Copyright |
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50 | (4) |
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Safe Harbors for Online Intermediaries---The Second Pillar of Balanced Copyright |
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54 | (6) |
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Google's Plan for Addressing "Piracy"---Leave It to Innovation! |
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60 | (2) |
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62 | (3) |
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4 Google vs. The Copyright Tradition: Litigating "Innovate First, Permission Later" |
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65 | (32) |
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Copying the Entire Internet |
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66 | (1) |
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Testing the Legality of Automated Copying of Websites---Field v. Google |
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67 | (2) |
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A Second Test---Parker v. Google |
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69 | (1) |
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Copying Other Peoples Photos---Perfect 10 v. Google |
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70 | (4) |
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In-Line Linking---What Does It Mean to Serve Content over the Internet? |
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71 | (1) |
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But What About Those Thumbnail Copies?! |
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72 | (2) |
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74 | (1) |
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If We Can Copy Websites and Images, Then Why Not Books? |
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74 | (9) |
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Perhaps Making Full Copies of Books Is Pushing Things Too Far? A Proposed Settlement (2008) |
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76 | (1) |
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Google Books Is a Fair Use of Authors' Works---The District Court Decision (2013) |
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77 | (2) |
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Copying for a Searchable Database Is a Quintessentially Fair Use---The HathiTrust Decision (2014) |
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79 | (1) |
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Displaying Snippets Is Fair Too---The Second Circuit Decision (2015) |
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79 | (2) |
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The Significance of the Google Books Decision |
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81 | (2) |
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Google's Obligation to Monitor for Copyright Infringement---Viacom v. YouTube |
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83 | (5) |
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Was YouTube Entitled to Intermediary Safe Harbor? |
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83 | (1) |
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Viacom: YouTube Knew All About Its Users' Infringement! |
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84 | (1) |
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Google: YouTube Has No Obligation to Monitor for or Investigate Infringement! |
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85 | (1) |
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No Duty to Monitor---The District Court Decision (2010) |
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86 | (1) |
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But Did YouTube Have Actual Knowledge of Infringement? The Second Circuit Decision (2012) |
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87 | (1) |
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87 | (1) |
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Copying Oracle's API---Oracle v. Google |
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88 | (7) |
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The Java Platform and Google's Android |
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88 | (1) |
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So, What Exactly Did Google Copy? |
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89 | (1) |
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No Copyright Protection for the Java API---The District Court Decision (2012) |
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90 | (1) |
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Oracle's API Is Protected by Copyright---The Federal Circuit Decision (2014) |
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91 | (2) |
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Google's Copying Was a Fair Use---A Jury Decision (2016) |
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93 | (1) |
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The Jury Was Wrong---The Federal Circuit Decision (2018) |
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94 | (1) |
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95 | (2) |
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5 The Problems of Google News in Europe |
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97 | (20) |
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Aggregating News Articles |
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98 | (2) |
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The Problems of News Media in the Digital Age |
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100 | (2) |
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Agency France Presse---United States |
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102 | (1) |
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103 | (2) |
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Federazione Italiana Editori Giornali---Italy |
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105 | (1) |
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Leistungsschutzrecht fur Presseverleger---Germany |
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106 | (1) |
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Digital Publishing Innovation Fund---France |
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107 | (1) |
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Article 32 of the Ley de Propiedad Intelectual---Spain |
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108 | (1) |
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Digital News Initiative---European Union |
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109 | (1) |
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European Commission Copyright Directive---European Union |
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110 | (3) |
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113 | (4) |
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6 Google's Private Copyright Rule-Making and Algorithmic Enforcement |
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117 | (18) |
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Large-Scale Algorithmic Notice and Take-Down |
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118 | (1) |
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Beyond Notice and Take-Down: Sanitizing Search |
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119 | (2) |
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Further Beyond: Content ID on YouTube |
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121 | (6) |
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Governed by Google: Private Copyright Rule-Making, Algorithmic Enforcement, and the Public Interest |
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127 | (6) |
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133 | (2) |
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7 From Access to Monopoly: The Results and Complexities of Google's Copyright Logic |
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135 | (16) |
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135 | (5) |
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Economic Consequences of Google's Monopoly Power: The Capacity for Anticompetitive Practices |
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140 | (4) |
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The Cultural Consequences of Monopoly Power in an Information Market |
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144 | (1) |
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Political Consequences of Google's Monopoly Power---Private Regulatory Power |
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145 | (2) |
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Democracy and Concentrated Private Power in the Digital Environment |
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147 | (3) |
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150 | (1) |
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8 Conclusion: Achieving Public Interest Outcomes in a Digital Environment Dominated by Monopolistic Technology Firms |
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151 | (14) |
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Directly Addressing Google's Monopoly Power |
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152 | (4) |
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Imposing Public Interest Responsibilities upon Google |
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156 | (1) |
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Public Interest Copyright Law Reforms |
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157 | (2) |
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Self-Regulating in the Public Interest |
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159 | (5) |
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164 | (1) |
| Notes |
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165 | (52) |
| Index |
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217 | |
Biežāk uzdotie jautājumi par e-grāmatām