Executive Summary |
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1 | (22) |
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The Emergence of the Digital Dilemma |
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23 | (53) |
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An Enduring Balance Upset? |
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24 | (3) |
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27 | (1) |
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28 | (23) |
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Technology Has Changed: Digital Information, Networks, and the Web |
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28 | (1) |
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Why Digital Information Matters |
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28 | (10) |
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Why Computer Networks Matter: Economics and Speed of Distribution |
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38 | (1) |
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39 | (4) |
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The Programmable Computer Makes a Difference |
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43 | (2) |
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Technology Has Emerged into Everyday Life, Running Headlong into Intellectual Property |
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45 | (2) |
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Intellectual Property Law Is Complex |
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47 | (2) |
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Cyberspace Is an Odd New World |
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49 | (2) |
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What Makes Progress Difficult? |
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51 | (9) |
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Stakeholders' Interests Are Diverse |
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51 | (1) |
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There Is a Variety of Forces at Work |
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52 | (1) |
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Many Threads Are Intertwined: Technology, Law, Economics, Psychology and Sociology, and Public Policy |
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53 | (1) |
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The Problems Are Global, with Differing Views, Laws, and Enforcement Around the World |
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54 | (4) |
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Potential Solutions Have to Be Evaluated from a Variety of Perspectives |
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58 | (2) |
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60 | (1) |
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Addendum: The Concerns of Stakeholders |
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61 | (15) |
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Creators of Intellectual Property |
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61 | (4) |
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65 | (3) |
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68 | (2) |
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70 | (1) |
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71 | (2) |
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Other Consumers and Producers of Intellectual Property |
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73 | (1) |
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Governmental Organizations |
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73 | (1) |
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Private Sector Organizations |
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74 | (1) |
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75 | (1) |
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75 | (1) |
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Music: Intellectual Property's Canary in the Digital Coal Mine |
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76 | (20) |
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77 | (1) |
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78 | (1) |
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79 | (7) |
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The Business Model Response |
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79 | (1) |
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Make the Content Easier and Cheaper to Buy Than to Steal |
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80 | (1) |
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Use Digital Content to Promote the Traditional Product |
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81 | (1) |
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Give Away (Some) Digital Content and Focus on Auxiliary Markets |
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82 | (1) |
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The Technical Protection Response |
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83 | (1) |
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83 | (1) |
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84 | (2) |
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86 | (1) |
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Constraints on Technological Solutions |
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87 | (2) |
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Industry Consequences of the New Technology |
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89 | (5) |
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94 | (2) |
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Public Access to the Intellectual, Cultural, and Social Record |
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96 | (27) |
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Public Access Is an Important Goal of Copyright |
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97 | (16) |
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Access: Licensing Offers Both Promise and Peril |
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100 | (4) |
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Access and Technical Protection Services |
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104 | (2) |
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The New Information Environment Challenges Some Access Rules |
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106 | (1) |
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The New Information Environment Blurs the Distinction Between Public and Private |
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107 | (2) |
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Noncopyrightable Databases Present Access Challenges |
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109 | (2) |
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The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information |
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111 | (2) |
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Archiving of Digital Information Presents Difficulties |
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113 | (10) |
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Fundamental Intellectual and Technical Problems in Archiving |
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116 | (3) |
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Intellectual Property and Archiving of Digital Materials |
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119 | (2) |
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Technical Protection Services and Archiving |
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121 | (2) |
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Individual Behavior, Private use and Fair use, and the System for Copyright |
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123 | (29) |
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Understanding Copyright in the Digital Environment |
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123 | (6) |
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124 | (4) |
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128 | (1) |
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The Challenge of Private Use and Fair Use with Digital Information |
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129 | (11) |
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The Wide Range of Private Use Copying |
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130 | (2) |
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Arguments That Private Use Copying Is Not Fair Use |
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132 | (1) |
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Arguments That Private Use Copying Is Fair Use |
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133 | (2) |
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Private Use Copying: The Committee's Conclusions |
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135 | (1) |
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The Future of Fair Use and Other Copyright Exceptions |
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136 | (4) |
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Is ``Copy'' Still an Appropriate Fundamental Concept? |
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140 | (5) |
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140 | (1) |
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Is Control of Copying the Right Mechanism in the Digital Age? |
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141 | (3) |
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144 | (1) |
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Addendum: Sections 106, 107, and 109 of the U.S. Copyright Law |
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145 | (7) |
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Protecting Digital Intellectual Property: Means and Measurements |
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152 | (47) |
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153 | (23) |
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Encryption: An Underpinning Technology for Technical Protection Service Components |
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156 | (2) |
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Access Control in Bounded Communities |
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158 | (1) |
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Enforcement of Access and Use Control in Open Communities |
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159 | (5) |
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Copy Detection in Open Communities: Marking and Monitoring |
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164 | (3) |
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167 | (4) |
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Protection Technologies for Niches and Special-Purpose Devices |
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171 | (1) |
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Technical Protection Services, Testing, and the Digital Millennium Copyright Act of 1998 |
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171 | (2) |
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What Makes a Technical Protection Service Successful? |
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173 | (3) |
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The Role of Business Models in the Protection of Intellectual Property |
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176 | (10) |
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The Impact of the Digital Environment on Business Models |
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177 | (2) |
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Business Models for Handling Information |
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179 | (1) |
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Traditional Business Models |
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179 | (1) |
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Intellectual Property Implications of Traditional Business Models |
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180 | (1) |
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Less Traditional Business Models |
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181 | (1) |
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Intellectual Property Implications of Less Traditional Business Models |
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182 | (1) |
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Business Models as a Means of Dealing with Intellectual Property |
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183 | (3) |
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Illegal Commercial Copying |
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186 | (6) |
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The Impact of Granting Patents for Information Innovations |
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192 | (7) |
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Conclusions and Recommendations |
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199 | (132) |
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The Digital Dilemma: Implications for Public Access |
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201 | (11) |
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The Value of Public Access |
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201 | (1) |
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Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services |
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202 | (3) |
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Publication and Private Distribution |
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205 | (1) |
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205 | (1) |
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Archiving and Preservation of Digital Information |
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206 | (1) |
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206 | (3) |
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209 | (2) |
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Access to Federal Government Information |
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211 | (1) |
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The Digital Dilemma: Implications for Individual Behavior |
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212 | (5) |
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Perceptions and Behavior of Individuals |
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212 | (1) |
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Fair Use and Private Use Copying |
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213 | (3) |
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216 | (1) |
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Moving Beyond the Digital Dilemma: Additional Mechanisms for Making Progress |
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217 | (8) |
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Technical Protection Services |
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217 | (4) |
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The Digital Millennium Copyright Act of 1998 |
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221 | (3) |
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224 | (1) |
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The Interaction of Technical Protection Services, Business Models, Law, and Public Policy |
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225 | (1) |
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Moving Beyond the Dilemma: A Call for Research and Improved Data |
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225 | (8) |
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Illegal Commercial Copying |
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226 | (1) |
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Research on the Economics of Copyright, Use of Patents, and Cyber Law |
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227 | (3) |
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Is ``Copy'' Still the Appropriate Foundational Concept? |
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230 | (2) |
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Content Creators and the Digital Environment |
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232 | (1) |
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The Process of Formulating Law and Public Policy |
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233 | (6) |
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Principles for the Formulation of Law and Public Policy |
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235 | (4) |
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239 | (1) |
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240 | (13) |
APPENDIXES |
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A Study Committee Biographies |
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253 | (8) |
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B Briefers to the Committee |
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261 | (2) |
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C Networks: How the Internet Works |
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263 | (8) |
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D Information Economics: A Primer |
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271 | (11) |
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E Technologies for Intellectual Property Protection |
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282 | (22) |
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304 | (7) |
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G The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures |
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311 | (20) |
Index |
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331 | |