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copyright owner
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In the US, copyright law stipulates that in a civil action, a copyright owner can immediately seek to stop an unauthorized user from using its product and can also request monetary damages. Many organizations combat the ever-growing scourge of digital piracy and copyright infringement. Just like any illicit enterprise, the world of digital piracy is largely anonymous -- with one notable exception. Operating out of Sweden where copyright laws are relaxed, the Pirate Bay bills itself as "the world's largest BitTorrent tracker." According to many legal and copyright organizations, the Pirate Bay is breaking the law. But the Pirate Bay insists that it is doing nothing wrong. In 2006, Swedish police staged a raid against the Pirate Bay, confiscating its servers and other equipment and arrest...
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Economic analysis has long suggested that there are two distinct categories of cases in which the fair use defense, which permits the unauthorized reproduction and other use of copyrighted materials, should apply. First, fair use should apply when the transaction costs of negotiating with the copyright owner for permission to use exceed the private value of the use to the would-be user. Second, fair use should apply when the individual use is thought to generate some positive externality-such that the net social value of the use exceeds the value to the copyright owner of preventing the use-which in turn may exceed the value of the use to the individual user. Considerable anecdotal evidence, however, suggests that would-be users are often deterred from engaging in conduct that likely wo...
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[...] should a nonexpressive use, which nonetheless requires copying the entirety of a copyrighted work, be found to infringe the exclusive rights of the copyright owner? [...] to treat the phenomenon of copy-reliant technology comprehensively requires addressing the significance of opt-out mechanisms under copyright law.
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According to Section 109 of the Copyright Act, known as the first sale doctrine, once the copyright owner sells a particular copy of a copyrighted work, the owner of that particular copy "is entitled, without the authority of the copyright owner, to sell or otherwise dispose of" the copy that they own. A recent decision from the 9th Circuit Court of Appeals in the state of Washington has raised important questions about how the first sale doctrine applies to digital media, particularly that media sold under an End User License Agreement. One of the cases (Vernor v. Autodesk Inc) involved an eBay seller who legally purchased authentic, used copies of Autodesk's AutoCAD software and then resold them on eBay. Details of the case are presented.
