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To link or not to link
Pike, G H Information Today; 19 (6) Jun 2002, p.20-1, 47 Discusses
legal challenges for Web site developers. Notes that Web based content
providers are grappling with copyright, competition, misappropriation and
trespass issues associated with links and linking. Covers: Web sites and
copyright; deep linking lawsuits; and crawlers, inline links and framing.
Concludes that these issues are in flux, with no firm rules established.
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The perils of managing a web site
Pedley, P Managing Information; 8 (9) Nov 2001, p.18-19 Examines some
considerations to be borne in mind in managing a commercial WWW site. These
include: deep linking that bypasses a home page of another site which
reduces the revenue earned by the site owner from the number of hits;
frames technology that splits a screen into several parts some of which may
be linked to other web sites; hyperlinking without a disclaimer of the
content of the linked material; reproducing material without copyright;
privacy under the Data Protection Act 1998; failing to tell consumers of
their right to cancel an order; unauthorized investment business, deposit
taking and market abuse; hacking, virus attack and credit card fraud.
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Web design that won't get you into trouble
Kennedy, S D Computers in Libraries; 21 (6) Jun 2001, p.30-5 Considers
in turn the specific legal pitfalls that can trap unwary webmasters when
developing and running Web sites, including: copyright; linking and framing
(derivative works, reverse passing off, defamation, trademark infringement,
deep linking, incorrect framing); and First Amendment issues (interactive
discussion forums, advertising, accessibility). (For full text of this
article see [URL:http://www.infotoday.com/cilmag/jun01 /kennedy.htm]).
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To link or not to link: how to avoid copyright traps on the
internet
Shkolnikov, T Journal of Academic Librarianship; 28 (3) May 2002,
p.133-40 Discusses the problem of avoiding World Wide Web related
copyright liabilities in library activities, including legal ramifications
of linking and librarians' responsibility for the content of the linked
sites. The recommendations offered may help librarians stay safe on the Web
and be instrumental in developing intellectual property guidelines for
their libraries. This account aims, not to investigate how well each point
of view is supported by rapidly evolving Internet copyright laws, but
rather it attempts to answer some questions of practical importance for any
librarian dealing with Web information sources, all of them stemming from
the Web's most valuable feature, linking. Typical linking concerns include:
when is Web linking safe from potential copyright violations; when must
librarians ask permission for linking; what the legal ramifications are for
various linking methods; and to what extent may librarians be held
responsible for the contents of the Web sites linked to their Web
materials. (The author may be contacted by electronic mail at
[mailto:tshkolnikov@notes.cc.sunysb.edu]). (Quotes from original text)
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Exploring the impacts of P2P networks on the entertainment
industry
Rupp, William T; Smith, Alan D Information Management and Computer
Security; 12 (1) 2004, pp.102-116 Any solution that will solve the
problem the entertainment industry is currently facing will need to address
the underlying theme in the decline of self-policing and morally acceptable
behavior in terms of intellectual rights. It has become a norm to download
music off the Internet and transfer them onto compact discs (CDs) without
compensating the artist who created the music or the firms that created,
packaged, promoted, and distributed the music materials. Within the
repackaged application will be technology that will allow the consumer to
sample theproduct as well as make a purchase instantly over the Internet.
This will benefit the entertainment industry in several ways: expanding
thenumber of distribution channels (providing greater reach); utilizing the
P2P-related networks to their advantage rather than disadvantage (providing
greater richness); opening international markets with relative ease; and
providing faster delivery times and the ability to provide a much richer
content than what is currently offered Through a succession of models, the
basic conclusion is that the Internet plays a much more important role with
regards the entertainment industry than currently believed Although the
artists should rightfully be compensated for their artistic talents, it is
time that a new model is created to compensate them, since the existing
model is not going to work due to the inadequacies of the current
distribution channels that are being used by the entertainment industry.
(Original abstract)
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Public-domain advocacy flourishes
Ardito, Stephanie C Information Today; 20 (7) Jul 2003-Aug 2003, pp.17,
19 Discusses Creative Commons, which is located at the Stanford Law
School Center for Internet and Society. Creative Commons offers a unique
approach to licensing copyrighted content. Its emphasis is on establishing
copyright protections that are different from those outlined in the US
Copyright Act. Like the Copyright Clearance Center (CCC), Creative Commons
is a clearinghouse for granting permission rights. Any copyright holder can
register his or her work with the organization. Unlikethe CCC, Creative
Commons does not charge royalties. Copyright holders agree to some reuse at
no charge or to place their works in the public domain.
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The world's biggest copy machine
Ardito, S C Information Today; 20 (3) Mar 2003, p.17-18 Discusses
'Intellectual property on the Internet: a survey of issues', a report from
the World Intellectual Property Organization (WIPO) published in Dec 2002
which contains a wealth of information that should be of interest to those
monitoring intellectual property issues or responsible for marketing
electronic services. Finds that: coverage is good on domain names,
trademarks, patents, unfair competition and marketing practices,
technological protection measures, online management and licensing systems,
linking and framing, and the digital divide; however, there is a lack of
depth regarding the digital transmission of 'traditional' print content and
content retrieved from commercial online databases.
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Archiving the Web: some legal aspects
Kavi-oli, Alenka Library Review; 52 (5) 2003, pp.203-208 Technological
developments have changed the concepts of publication, reproduction and
distribution. However, legislation, and in particularthe Legal Deposit Law
has not adjusted to these changes - it is very restrictive in the sense of
protecting the rights of authors of electronic publications. National
libraries and national archival institutions, being aware of their
important role in preserving the written and spoken cultural heritage, try
to find different legal ways to live up to these responsibilities. This
paper presents some legal aspects of archiving Web pages, examines the
harvesting of Web pages, provision ofpublic access to pages, and their
long-term preservation.
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