Copyright as a Constraint on Creating Technological Value

Kasper Drazewski (Autor)

Buch | Hardcover

VII, 180 Seiten

2024 | 1st ed. 2024
Springer International Publishing (Verlag)
978-3-031-51275-9 (ISBN)

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Can we regulate something that doesn't exist yet? Can Europe create its own Silicon Valley? Who gets to create technological value in today's world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data?This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law - both where it is too broadly formulated and where it is too prescriptive.How can the population's creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity? Answers are sought in the processes that came into being during the early years of the digital revolution and were then forced to take a back seat as control of the means of production was increasingly placed in the hands of tech companies. The findings and insights presented here are highly relevant for today's digital policymaking. Market concentration processes in innovation haven't ceased; they are ongoing. And in an age where data-driven services are creating and reinforcing global oligopolies, the question posed by the U.S. Supreme Court in Google v. Oracle is now more relevant than ever: who should hold the keys to digital innovation?

Kasper Drazewski. With a background in research on law and technology, Kasper Drazewski specialises in digital regulation, artificial intelligence policy, consumer rights and copyright, with the common denominator of empowerment of the individual in a world of digital asymmetries. Since 2020 in charge of BEUC's research and policy workstreams on digital fairness, in the past he also worked on the practical application of machine learning technologies in protection against unfair contract terms and privacy policies through explainable multilingual AI.

1 introduction: legislating for the digital reality: a moving target.- 2. Welcoming digital innovation: why america seems to get it right.- 3. The mechanics of flexibility.- 4 Jewels in the sand: supporting creativity in a mass networked environment.- 5 EU (non) remedies to inflexible copyright: contracts as a policy tool.- 6 Courts of law v. Choke points for technological innovation.- 7 Conclusions.

Erscheinungsdatum	20.01.2024
Reihe/Serie	Law, Governance and Technology Series
Zusatzinfo	VII, 180 p. 2 illus., 1 illus. in color.
Verlagsort	Cham
Sprache	englisch
Maße	155 x 235 mm
Gewicht	439 g
Themenwelt	Recht / Steuern ► Öffentliches Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Medienrecht
Schlagworte	Copyright Flexibilities • Crowd-sourced Innovation • cumulative growth • Cumulative Selection • Fair use in Europe • Google Books Case • Google v. Oracle • Open Source • software innovation • software interoperability
ISBN-10	3-031-51275-8 / 3031512758
ISBN-13	978-3-031-51275-9 / 9783031512759
Zustand	Neuware