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New Reports by Berkman’s Digital Media Project

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The Berkman Center’s Digital Media Project team has released one new and one updated report on the current state of the digital media ecosystem. One report is an update of the 2003 foundational White Paper by the Berkman Center and GartnerG2 on Copyright Law in a Post-Napster World. The updated edition includes the following:

  • Updated business model section that includes new survey data and an overview of “legitimate” P2P stores like Wippit and Weed (Chapter 2)
  • Updated and expanded analysis of legal cases and decisions relevant in the digital media space, including a brief discussion of Grokster and RIAA v. Verizon (Chapter 3)
  • Revised subsection on international enforcement issues like jurisdictional questions among nations (Chapter 3)
  • Updated section on regulatory developments like provisions related to the broadcast flag and digital radio, as well as proposed laws in the U.S. such as the INDUCE Act (Chapter 4)
  • Expanded chapter on DRM systems including new standards, challenges, and policy issues related to the use of DRM (Chapter 5)
  • Updated outlook for the future (Chapter 6)

In addition, we’ve written an International Supplement to the White Paper, which examines the transition from analog/offline to digital/online media from an international legal perspective. Here’s the abstract/overview of the Supplement:

Part One briefly discusses the basic international copyright framework and provides an overview of three sets of important copyright agreements: The Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and the World Intellectual Property Organization (WIPO) treaties.

Part Two discusses the copyright framework in Europe as established by the European Copyright Directive and other European Union (EU) legislation. In this context, the Supplement explores legislative and regulatory developments at the level of both the EU itself and its member states. A selection of cases from European countries illustrates the current state of “digital media law in action.”

Part Three reviews legislative and regulatory developments in the Asia/Pacific region and provides brief descriptions of the copyright laws in Australia, Singapore, Malaysia, China, Japan, and South Korea. It examines the impact of the international copyright treaties discussed in Part One. This section also provides an overview of actions taken against file-sharing Web sites and peer-to-peer (P2P) services in selected countries in the Asia/Pacific region.

Part Four summarizes the legal campaign against online piracy, provides information about legal actions taken against individual file-sharers, and briefly outlines current attempts to fight online piracy in coordinated operations across the world.

Part Five offers some conclusions about how the legal landscape is evolving in response to the challenges and opportunities posed by digital media.

Comments, as always, are most welcome.

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