The Principle Of Digital Exhaustion An Analysis Based on EU, US & Turkish Laws
The Principle Of Digital Exhaustion An Analysis Based on EU, US & Turkish Laws

The Principle Of Digital Exhaustion An Analysis Based on EU, US & Turkish Laws

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Fiyat : ₺190,00
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Kitabın Detayları

Baskı Sayısı : 1

Ebat : 16x24

Sayfa Sayısı : 75

Kapak Türü : Karton Kapaklı

Kağıt Türü : I.Hamur

Dili : Türkçe

Kitabın Açıklaması
The "Buy Now" button is the most convenient illusion of the digital age. With a single click, we believe we are purchasing a piece of digital property, only to discover we have merely acquired a restrictive and temporary license. This disconnect between user expectation and legal reality is the direct result of a legal system that has failed to keep up with technology. This book explains how we arrived at this critical point, exploring how courts have grappled with software, e-books, and other digital works. It highlights the discrepancies in key judgments from the Court of Justice of the European Union, from the pragmatic functionalism of UsedSoft to the rigid formalism of Tom Kabinet. Ultimately, this book makes a compelling case that the judiciary has reached its interpretive limit, and the responsibility now falls to legislators to redefine the principle of exhaustion, making it technologically neutral and fit for the digital age.(ARKA KAPAKTAN)   TABLE OF CONTENTS   INTRODUCTION CHAPTER I COPYRIGHT EXHAUSTION: SCOPE AND CHARACTER §1. COPYRIGHT I. Copyright in General II. Subject Matter of Copyright A. Definition and Scope B. Requirements for Copyright Protection III. Rights Conferred by Copyright A. Moral Rights B. Economic Rights §2. COPYRIGHT EXHAUSTION I. Right of Distribution as a Focal Point of Copyright Exhaustion A. The Exclusive Distribution Right in General B. Distribution Through Rental, Lease and Lending C. Distribution Through Transfer of Ownership II. Framework of Copyright Exhaustion A. Definition and Scope B. Bases for the Exhaustion Principle C. Benefits of the Exhaustion Principle D. Legal Background E. Requirements of the Exhaustion Principle F. Geographical Application   CHAPTER II DIGITAL EXHAUSTION OF COPYRIGHT §1. DEFINITION AND SCOPE OF THE PRINCIPLE OF DIGITAL EXHAUSTION §2. LEGAL NATURE AND CLASSIFICATION DILEMMAS OF DIGITAL FILE TRANSFERS I. The Sale-License Dichotomy A. Transfer of Ownership: A Key Concept of The Principle of Exhaustion B. Differentiating Sales and Licenses C. The UsedSoft Decision as an Interpretation of License Agreements, and Others II. Distribution v. Communication to the Public A. Differentiating Distribution and Communication to the Public B. Medium of Transfers as Interpreted by Courts III. Technological Requisite of Transfers: Making Copies A. Legislative Background for Necessary Copying B. The Temporary Copy Dilemma C. Reproductions as New Copies of Work §3. TOM KABINET RULING: AN END TO DIGITAL EXHAUSTION? I. Background of the Case II. Key Aspects of the Court's Decision §4. RECONSIDERATION OF THE PRINCIPLE OF DIGITAL EXHAUSTION I. A Different Perspective to the Key Problems in Applicability A. The Sale-License Gulf B. Distribution v. Communication to the Public: The Tangibility Dilemma C. Technological Blip: The Reproduction Predicament II. The Need for the Principle of Digital Exhaustion CONCLUSION   BIBLIOGRAPH
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