Welcome to consulvehk.org
Copyright infringement case
Learning Copyright Law through Copyright Infringement Cases
Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn’t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you’ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works.
As a forward, however, you’ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn’t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement.
Feist Publications v. Rural Telephone Service Co (6th Cir. 1996)
This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are “arranged and selected in an original manner.” Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors’ database and use that data in their own work without liability.
Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996)
This case has to do with the ‘fair use’ law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ‘course packs’ for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor – then the course pack was bound together by a professional copy shop.
In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs.
As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine.
Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you’ll find many copyright cases in relation to electronic copyrights – such as those you’d find on a website or PDF file, as well as other digital media such as music and audio files.
It’s probable that you’ve seen copyright cases brought against the common person – such as a child or family – for downloading digital music in the form of MP3s. In the current internet age we’re in, it’s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we’ll see many more copyright cases.
Web Hosting - Free vs Paid Web Hosting Options Everyone likes to get something for free. But as the existence of spam shows, free isn't always good. Sometimes, it's downright harmful. Deciding whether it's worth the cost to pay for hosting involves a number of complex considerations. Hosting companies that offer free services obviously can't stay in business from the money they make from you, since there isn't any. So why do they offer free hosting and how do they make money? Why should you care, so long as you get yours? Because, in reality, there's a price of some kind for everything, even something that's free. Free hosting may come from a company doing a promotion to attract business. They expect to demonstrate their value, then charge an existing customer base fees to make up for what they lost by the (short term) offer. It's in essence a form of advertising. But free hosting is offered by lots of companies that are not dedicated to managing servers for websites. Google, Yahoo and thousands of others provide a modest amount of disk space and a domain name on a server for free. Users are free to do anything they like with it, though if the load becomes excessive you can be shut down. That introduces one of the more obvious drawbacks to free hosting: resource limitations. Typically free hosting offers a relatively small amount of space. That's often enough to host a few dozen pages. But an active site can quickly run out of room. A more serious limitation is load. Free hosting often places strict limitations on the allowed amount of bandwidth consumed. If you become a well-visited site, when users start banging away on the server, you can be asked to leave or simply be blocked for the rest of the month. Or, you may be permitted a certain quantity of total bandwidth use per month. Once it's reached, no one else can reach your site until the beginning of a new month. At the same time, you will certainly be sharing equipment with thousands of other sites. Their load can affect your performance, prompting you to move. Migrating an established site brings with it a number of thorny issues that might be better avoided in the first place. Free hosting has another potential downside: lack of support. When you pay for hosting you typically get, at least in theory, a certain level of support. Backups in case of disaster recovery from a hack or server failure, assistance in analyzing connection problems... the variety is endless. With free hosting you usually get none of that. A company or site that offers free hosting will usually recover a disk or server that fails completely and you'll be back up when they do. But if only selected portions of the drive fail, or you lose a few files through a virus attack or accidental deletion, you have to rely on backups to recover. A free service will usually come with no such option. That may not be a problem if you have a small site. You can make copies of everything at another location and simply recover the site yourself - if you have the discipline to keep it current and the skills to make and restore the copy. Free hosting will typically come with a few email addresses, intended to be used for administration and other tasks. But if your needs grow beyond that, you'll need to seek another option. The email service also comes with minimal oversight. The server may be protected against spam attacks and provide virus scanning. But few free services will provide even minimal help with any issues that arise. But the most serious limitation may have nothing to do with any technical issues. Free hosting services often require that your site's pages carry some form of advertising that pays the host, not you. That may be fine for you, or it may not. Individual circumstances vary. On the other hand, if you're just starting out, a free hosting option can be a great way to learn needed skills and a few of the potential pitfalls. You can set up a site, learn how to maintain and improve it, and not care too much if it gets hacked. Freely hosted sites can be a great platform for learning the ropes. Free services don't usually offer any of the features that an active, commercial site will need sooner or later. So if you plan to grow, it may be reasonable to get the free service for a while, knowing you'll have to migrate when you become popular. But in the long run, you get what you pay for and you may need to pay for what you want. Web Hosting - All About Domain Names "What's in a name?" Shakespeare asks in Romeo and Juliet. In the case of your web site the answer is: quite a lot. A domain name is the English (or other) language designator for your site. Because of the way the Internet functions, that name is associated with an IP address, a numeric identifier that computers and network components use to connect a browser to a web site. It's not mandatory that a site has a name. But directing visitors by IP address can quickly generate difficulties. Having an IP address IS mandatory, since it's ultimately the way a web site is located by other computers and network software. In the early days of the Internet the name was chosen carefully in order to help a person remember the URL. That made it easier to type, too. With hotspots on a page, great search engines, social networking and other contemporary tools, that's not as important now. But from a marketing perspective, it still helps to have a good name. It's still beneficial to have a site called 'CheapTVs.com' if what you sell are inexpensive TV sets. Calling your site, 'InexpensiveElectronicVisualDisplayDevices.com' may describe your business in some way, but it's a little harder to refer a new person to your site. Which name you choose can, therefore, affect how much traffic your site gets, how soon. Sooner or later, if you have information and/or products/services that people want, word will get around. But having a good name can certainly help. Love them or hate them, the Google company chose well. Of course, the fact is that there are millions of web sites around the world. That means, you don't necessarily get the name of your first choice. ICANN (Internet Corporation for Assigned Names and Numbers) is the internationally recognized authority for managing IP addresses across the worldwide Internet, along with the top-level domain name-parts (.com, .net, .org, .edu, and so forth). But registering a name is done by simply contacting any of a hundred organizations that work as intermediaries to establish and track the names. GoDaddy, Register.com, Network Solutions and a great many others provide the service for anywhere from free to a few dollars per month or year. You contact them by navigating to their web site. Then, using a feature they all provide, you can select a possible name. They use something called whois and other software to determine if the name is already claimed. Or, you can check yourself at www.whois.com. Registration is for a limited time, but typically renewable in perpetuity provided you pay the (usually annual) fee. You may have to go through several choices to find a domain name that isn't already in use. With so many millions of sites, the odds of you getting your first choice is slim, unless you have a highly unusual imagination. But, it's also true that domains tend to die or expire. As they do, the name becomes available for use by someone new. A method for getting on a 'waiting list' is available. You register the name you want and if and when the name becomes available, you are offered the chance to claim it. Naturally, there's competition even on the waiting list for 'good' names. There are many different ways of establishing priority that vary by company. At any given time there are thousands of so-called auctions going on to bid on names. Give some thought to your new domain name and research its availability, but don't stress over it. The name isn't everything. After all, if Google had built a search engine that delivered usable results only 10% of the time, their name would be mud. |