*** "Legal Frameworks and Technological Protection of Digital Content:
Moving Forward Towards a Best Practice Model" by Urs Gasser ***
"Legal Frameworks and Technological Protection of Digital Content:
Moving Forward Towards a Best Practice Model" is an extensive comparative study on DMCA-like anti-circumvention legislation. The starting point of the paper is the fact that many countries have already enacted legislation or will soon legislate on so-called technological protection measures (TPM), providing for additional layers of protection of copyrighted online content such as music, videos, etc. Against this background, the paper identifies different legislative and regulatory approaches and discusses them in the light of previous experiences with TPM legislation in the U.S. (DMCA) and in Europe (EUCD). Besides taking stock, the paper formulates basic design (or best practice) principles and sketches the contours of a model law that aims to foster innovation in the digitally networked environment and minimize frequently observed spillover effects of TPM legislation.
Moving Forward Towards a Best Practice Model" is an extensive comparative study on DMCA-like anti-circumvention legislation. The starting point of the paper is the fact that many countries have already enacted legislation or will soon legislate on so-called technological protection measures (TPM), providing for additional layers of protection of copyrighted online content such as music, videos, etc. Against this background, the paper identifies different legislative and regulatory approaches and discusses them in the light of previous experiences with TPM legislation in the U.S. (DMCA) and in Europe (EUCD). Besides taking stock, the paper formulates basic design (or best practice) principles and sketches the contours of a model law that aims to foster innovation in the digitally networked environment and minimize frequently observed spillover effects of TPM legislation.
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