TL;DR: In this paper, the authors examined the strategies used by the entertainment industry to fight the copyright wars: lobbying, litigation, self-help, education, and licensing, and argued that the entertainment industries should change their existing strategies in light of the proliferation of peer-to-peer file-sharing networks and the increased consciousness of copyright issues.
Abstract: Piracy is one of the biggest threats confronting the entertainment industry today. Every year, the industry is estimated to lose billions of dollars in revenue and faces the potential loss of hundreds of thousands of jobs. To protect itself against Internet pirates, the entertainment industry has launched the latest copyright war. So far, the industry has been winning. Among its trophies are the enactment of the Digital Millennium Copyright Act, Vivendi Universal's defeat and purchase of MP3.com, the movie studios' victory in the DeCSS litigation, the bankruptcy and subsequent sale of Napster and its recent relaunch as a legitimate subscription-based music service, the Supreme Court's rejection of the copyright bargain theory in Eldred v. Ashcroft, and the recording industry's relative success in its mass litigation campaign. Notwithstanding these victories, the war is expanding and has become even more difficult for the industry to fight than it was a year ago. Today, copyright law is no longer a complicated issue that is only of interest and concern to copyright lawyers, legal scholars, technology developers, and intellectual property rightsholders. Rather, it is a matter of public significance, affecting all of us in our daily lives. The ground has shifted. If the entertainment industry does not pay attention to the public and if it continues to use ill-advised battle strategies, it eventually might lose the war. Delivered as part of the 2003 Frontiers in Information and Communications Policy Lecture Series at Michigan State University, this Article examines the strategies used by the entertainment industry to fight the copyright wars: lobbying, litigation, self-help, education, and licensing. It also explores the impact of Eldred v. Ashcroft on these strategies, the decision's ramifications on future constitutional challenges to copyright laws, and recent developments in the international copyright arena. It concludes by arguing that the entertainment industry should change its existing strategies in light of the proliferation of peer-to-peer file-sharing networks and the increased consciousness of copyright issues.
TL;DR: This paper surveys solutions that have been proposed to achieve FT in Ethernet-based DECSs, considering faults both in their nodes and communication subsystem, and discusses adaptive FT techniques that can be used to increase the flexibility of adaptive DECS.
Abstract: Many industrial systems have specific requirements derived from the applications they execute. Specifically, the interaction of a distributed embedded control system (DECS) with the real-world imposes strict real-time (RT) and reliability requirements. For a system to be RT, it has to produce a proper result in a bounded time. On top of that, for a system to be reliable, it has to operate continuously during its mission time, and in cases in which very high reliability is needed, fault tolerance (FT) techniques are used. Moreover, these systems are often deployed in dynamic environments where the operational conditions may change in an unpredictable manner. Therefore, there is an increasing interest in creating DECSs that are capable of modifying their behavior autonomously and dynamically in response to unexpectedly changing requirements or conditions. In recent years, there is a growing trend toward using Ethernet as the network technology for DECSs. Unfortunately, the original specification of this technology lacks appropriate services to fulfill the most demanding requirements of industrial systems. In this regard, many Ethernet-based protocols and standards have been proposed along the past years to deal with these limitations. In this paper, we survey solutions that have been proposed to achieve FT in Ethernet-based DECSs, considering faults both in their nodes and communication subsystem. In addition, we discuss adaptive FT techniques that can be used to increase the flexibility of adaptive DECS. Finally, we identify future trends and open challenges to build highly reliable DECS in the future.
TL;DR: It is suggested that DeCSS linking and posting persists primarily as a political symbol of protest, given the obsolescence of DeCSS as a DVD decrypter.
Abstract: This research tracked web sites posting or linking to software known as "DeCSS" over a 26-month period coinciding with a U.S. lawsuit which found posting and linking to the DeCSS software to be illegal. Results showed a decrease in the number of web pages posting the DeCSS software, and a decrease in the number of web pages linking to DeCSS. Seven web sites retained their DeCSS posting for the entire 26-month study period. An increasing number of sites posted non-executable forms of DeCSS, and results show a large percentage of web sites contained political speech. The persistence of DeCSS linking and posting was surprising given the prohibition on linking and posting within the United States and given the obsolescence of DeCSS as a DVD decrypter. We suggest that DeCSS linking and posting persists primarily as a political symbol of protest.
TL;DR: The Napster, DeCSS, Felten and Sklyarov litigation is evaluated in terms of the new social, legal, economic and cultural relations being produced, which involves a deep discussion of law's economic relations, and the implications of this for litigation strategy.
Abstract: Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.