Copyright in the networked world: the technology of enforcement

Date05 September 2008
Pages498-504
DOIhttps://doi.org/10.1108/07378830810903454
Published date05 September 2008
AuthorMichael Seadle
Subject MatterInformation & knowledge management,Library & information science
Copyright in the networked world:
the technology of enforcement
Michael Seadle
Berlin School of Library and Informatics Science,
Humboldt University, Berlin, Germany
Abstract
Purpose – This column aims to examine the influence of technology on copyright infringement and
looks at the contemporary technology race between tools for rights enforcement and tools for copying
and sharing.
Design/methodology/approach The method is fundamentally anthropological with strong
consideration given to reports contemporary behaviors in law cases and news reports.
Findings – The findings suggest that rights-holder organizations like the Recording Industry
Association of America are learning how to apply technology more effectively to their policing efforts.
This could significantly alter the risk of infringement.
Originality/value – Technology has long been recognized as a key factor in enabling copyright
infringement. Some new technologies attempt to restrict copying (e.g. Digital Rights Management
software). Now internet software is being used systematically for discovery and policing.
Keywords Copyright law; Lawenforcement, Communication technologies
Paper type General review
Introduction
Copyright infringement is a problem closely tied to technology. In most ways this is
quite obvious. Since much of the copyright law was written with pre-digital technology
in mind, artifacts of these assumptions continue in the law despite attempts to
modernize it. This column looks particularly at the relationship between technology
and copyright enforcement and begins with the three key technology factors that
matter to rights holders who want to earn money from their creative works: copying
technology, distribution technology, and sales technology.
In this paper, I make the distinction between “public” infringers who make works
available to others, either for free or for profit, and “private” infringers who are making
a personal copy. The copyright law in most countries allows copying for private use,
which makes most private infringement legal. In any case, the economic consequences
of public infringement are much greater and is the focus of this paper.
Copying technology
If the technology for making copies of a work requires expensive machines, large
numbers of people, or financial resources beyond ordinary reach, then the infringement
remains a relatively modest and manageable problem. Once the technology changes to
The current issue and full text archive of this journal is available at
www.emeraldinsight.com/0737-8831.htm
Michael Seadle is the Editor of Library Hi Tech. He is also a professor at Humboldt University
in Berlin, Germany, and director of the Institute for Library and Information Science. He is not a
lawyer, and nothing in this column should be considered legal.
LHT
26,3
498
Received 12 June 2008
Revised 14 June 2008
Accepted 15 June 2008
Library Hi Tech
Vol. 26 No. 3, 2008
pp. 498-504
qEmerald Group Publishing Limited
0737-8831
DOI 10.1108/07378830810903454

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