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Tethered technologies, cloud strategies and the future of the first sale/exhaustion defence in copyright law


Graber, Christoph Beat (2015). Tethered technologies, cloud strategies and the future of the first sale/exhaustion defence in copyright law. i-call Working Paper Series 01, Universität Zürich.

Abstract

With tethered technologies permitting the monitoring of consumer’s use of copyrighted works and private copyright enforcement, copyrighted digital works are increasingly distributed solely through access-based schemes. This paper reviews the actual and potential implications of this development in light of consumer autonomies and copyright doctrine. It specifically evaluates the judiciary’s opposing views in the European Union and the United States on the matter, drawing attention to the need to radically rethink the application of the first sale/exhaustion principle for the transmission of digital content, and proposes a novel approach balancing individual and social interests at a broader scale.

Abstract

With tethered technologies permitting the monitoring of consumer’s use of copyrighted works and private copyright enforcement, copyrighted digital works are increasingly distributed solely through access-based schemes. This paper reviews the actual and potential implications of this development in light of consumer autonomies and copyright doctrine. It specifically evaluates the judiciary’s opposing views in the European Union and the United States on the matter, drawing attention to the need to radically rethink the application of the first sale/exhaustion principle for the transmission of digital content, and proposes a novel approach balancing individual and social interests at a broader scale.

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Additional indexing

Item Type:Working Paper
Communities & Collections:02 Faculty of Law > Institute of Legal Sciences > Basic Subjects
Working Paper Series > i-call Working Paper Series
Dewey Decimal Classification:340 Law
Language:English
Date:2015
Deposited On:18 Jan 2016 13:43
Last Modified:08 Dec 2017 17:37
Series Name:i-call Working Paper Series
Number of Pages:21
ISSN:1664-0144
Related URLs:http://www.rwi.uzh.ch/lehreforschung/alphabetisch/graber/Research/workingpapers.html (Organisation)

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