In this work, I have chosen to talk about the respect of the law in e-business. More specifically, I'm interested in the problem that artists and music producing companies are facing, namely the non-conformance to of copyright acts through peer to peer and free download. We have all heard about the Napster lawsuit and the dilemma that exists between download via Internet, and software like Grokster or Morpheus, and the interests of music producers relating to copyright. To download free illegal content is very easy nowadays, and the scope of use is the World Wide Web. How then, is it possible to avoid such abuse? To understand the background, we will have to specify which products we are talking about, which are the works concerned and protected by copyright, and what are the exceptions and the author's prerogatives. We will see what the legal issues are, when copyright isn't respected. This will enable us to understand the main differences between American copyright and the European author's right. Talking about International agreement will help us understand the background relating to the Internet and the application of the law on World Wide Web. Once the situation concerning the respect of copyright on the Web is understood, it will be interesting to see what the responsibilities allocated to professionals of Internet are. To conclude, we will talk about the other alternatives that exist to protect the copyright on the Internet.
[...] On the other hand, to prevent from copyright non respect is a hard work. So many technical means exist to go around controls and so many sites have to be controlled that such measures would need huge technological and financial means to prevent from counterfeiting. Other point is part of the problem: web user generation has been upgraded with new technologies and is not informed about copyright. At last, the territoriality of the applicable law is uncertain. The simple application of Lex Loci Delicti criteria isn't simple any more on a worldwide network. [...]
[...] Research providers on Internet E-business and respect of copyright: which solutions for the future? 13 a. Technology may be a solution b. A growing sector for e-business relating to music: mobile phone activities Conclusion 15 Exhibits 16 Sources 21 International business law -Diane Neveu- Page 2 27/04/2008 Introduction In this work, I've chosen to talk about the respect of the law in e-business. More specifically, I'm interested in the problem that artists and music producing companies are facing: the non respect of copyright through peer to peer and free download. [...]
[...] For example, it's impossible to read this kind of technology on old PC, specific audio, Mac users International business law -Diane Neveu- Page 13 27/04/2008 In 2004, because of these compatibility problems, EMI and la FNAC were pursued by a consumers' association. The judge of Nanterre's court said: “to sell such product is cheating the consumer in lying on substantial CD properties.” It's obvious that technologic solutions exist. One can't deny that there are efficient solutions against counterfeiting and peer to peer problems. There are the actual existing solutions to make copyright applied systematically. Moreover, although traditional CD is limited in listening to the engraved music, this CD could enable users to have access to many entertainments. [...]
[...] At the same time, only 31% of computer family7 owners had Internet connexion. A growing sector for e-business relating to music: mobile phone activities. In 2005, music on mobile is representing a € 200 millions that means of the € 2 billions a year earned by music market in France. We mostly talk about song extracts used as ring tones and as answering machine message. The revolution is the following one: to be able to download music directly on the mobile through Internet website. [...]
[...] », Avril 2005 INTERNET ET LE DROIT D'AUTEUR La culture Napster Joëlle FARCHY CNRS éditions, Avril 2003 NEWSPAPERS : Le Figaro du 17 Février 2006 Le Figaro Economie du 19 janvier 2006 La Tribune du 20 Avril 2006 La Tribune du 27 Avril 2006 Les Echos du 21 Février 2006 WEBSITES : www.droit-technologie.org DROIT ET NOUVELLES TECHNOLOGIES « La copie privée au centre de toutes les attentions : la cour d'appel et le Parlement se penchent sur la question. » Septembre 2005 « Peer to peer : deux rapports contradictoires publiés le même jour. Le débat s'envenime » Décembre 2005 « L'Assemblée Nationale veut légaliser le téléchargement via peer to peer. » Décembre 2005 « Victoire de l'industrie musicale : la cour de cassation nuance fortement la question de la copie privée. [...]
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