Google rules : the history and future of copyright under the influence of Google

목차 (Table of Contents)

• CONTENTS
• Preface = xiii
• Acknowledgments = xvii
• 1. A Brief History of Digital Copyright and Google : Politics, Ideologies, and Agendas = 1
• Copyright's Foundational Tension : In Service of Both Public and Private Interests = 3
• Copyright's Foundational Objectives in the Digital Age = 5
• Digital Copyright Politics : The Search for a New Model of Control = 6
• An Ideological Setting : The Laissez-Faire Evolution of the Digital Environment = 10
• The Advent of Google = 13
• 2. The Value and Function of Copyright : Why the Copyright Debate Matters to Us All = 19
• The Conventional Wisdom of Copyright as a Private Property Right = 20
• Politically Constructed Concepts of Authorship and Creativity = 21
• Social, Cumulative, and Appropriated Creativity = 22
• Authors' Rights : The Labor and Personality Theories of Copyright = 25
• Labor Theory : The Liberating Nature of Private Property = 26
• Personality Theory : Private Property for Self-Actualization = 28
• An Economic Theory of Copyright : Private Property for Market Transactions = 29
• The Economic Model - Copyright as an Economic Incentive = 30
• A Cultural Theory of Copyright = 33
• Human Flourishing, the Social Human, and a Cultural Democracy = 34
• Cultural Theory, Creativity, and Copyright = 37
• Why the Cultural Theory Approach to Understanding Copyright Is the Right Approach for the Digital Age = 38
• Conclusion = 40
• 3. "Innovate First, Permission Later" : Google's Copyright Policy Agenda = 41
• Google's Innovation Idealism = 42
• In a Digital Economy, Copyright Is Economic Policy = 45
• Copyright and Creativity - Valuing Innovation over Tradition = 47
• What, Then, Should Policymakers Do? "Balanced" Copyright for the Digital Age = 49
• A Flexible Fair Use Exception - The Gold Standard for Balanced Copyright = 50
• Safe Harbors for Online Intermediaries - The Second Pillar of Balanced Copyright = 54
• Google's Plan for Addressing "Piracy" - Leave It to Innovation! = 60
• Conclusion = 62
• 4. Google vs. The Copyright Tradition : Litigating "Innovate First, Permission Later" = 65
• Copying the Entire Internet = 66
• Testing the Legality of Automated Copying of Websites - Field v. Google = 67
• A Second Test - Parker v. Google = 69
• Copying Other Peoples Photos - Perfect 10 v. Google = 70
• In-Line Linking - What Does It Mean to Serve Content over the Internet? = 71
• But What About Those Thumbnail Copies?! = 72
• A Public Interest Deal = 74
• If We Can Copy Websites and Images, Then Why Not Books? = 74
• Perhaps Making Full Copies of Books Is Pushing Things Too Far? A Proposed Settlement (2008) = 76
• Google Books Is a Fair Use of Authors' Works - The District Court Decision (2013) = 77
• Copying for a Searchable Database Is a Quintessentially Fair Use - The HathiTrust Decision (2014) = 79
• Displaying Snippets Is Fair Too - The Second Circuit Decision (2015) = 79
• The Significance of the Google Books Decision = 81
• Google's Obligation to Monitor for Copyright Infringement - Viacom v. YouTube = 83
• Was YouTube Entitled to Intermediary Safe Harbor? = 83
• Viacom : YouTube Knew All About Its Users' Infringement! = 84
• Google : YouTube Has No Obligation to Monitor for or Investigate Infringement! = 85
• No Duty to Monitor - The District Court Decision (2010) = 86
• But Did YouTube Have Actual Knowledge of Infringement? The Second Circuit Decision (2012) = 87
• The Path to a Settlement = 87
• Copying Oracle's API - Oracle v. Google = 88
• The Java Platform and Google's Android = 88
• So, What Exactly Did Google Copy? = 89
• No Copyright Protection for the Java API - The District Court Decision (2012) = 90
• Oracle's API Is Protected by Copyright - The Federal Circuit Decision (2014) = 91
• Google's Copying Was a Fair Use - A Jury Decision (2016) = 93
• The Jury Was Wrong - The Federal Circuit Decision (2018) = 94
• Conclusion = 95
• 5. The Problems of Google News in Europe = 97
• Aggregating News Articles = 98
• The Problems of News Media in the Digital Age = 100
• Agency France Presse - United States = 102
• Copiepresse - Belgium = 103
• Federazione Italiana Editori Giornali - Italy = 105
• Leistungsschutzrecht fur Presseverleger - Germany = 106
• Digital Publishing Innovation Fund - France = 107
• Article 32 of the Ley de Propiedad Intelectual - Spain = 108
• Digital News Initiative - European Union = 109
• European Commission Copyright Directive - European Union = 110
• Conclusion = 113
• 6. Google's Private Copyright Rule-Making and Algorithmic Enforcement = 117
• Large-Scale Algorithmic Notice and Take-Down = 118
• Beyond Notice and Take-Down : Sanitizing Search = 119
• Further Beyond : Content ID on YouTube = 121
• Governed by Google : Private Copyright Rule-Making, Algorithmic Enforcement, and the Public Interest = 127
• Conclusion = 133
• 7. From Access to Monopoly : The Results and Complexities of Google's Copyright Logic = 135
• Google's Access Paradox = 135
• Economic Consequences of Google's Monopoly Power : The Capacity for Anticompetitive Practices = 140
• The Cultural Consequences of Monopoly Power in an Information Market = 144
• Political Consequences of Google's Monopoly Power - Private Regulatory Power = 145
• Democracy and Concentrated Private Power in the Digital Environment = 147
• Conclusion = 150
• 8. Conclusion : Achieving Public Interest Outcomes in a Digital Environment Dominated by Monopolistic Technology Firms = 151
• Directly Addressing Google's Monopoly Power = 152
• Imposing Public Interest Responsibilities upon Google = 156
• Public Interest Copyright Law Reforms = 157
• Self-Regulating in the Public Interest = 159
• Conclusion = 164
• Notes = 165
• Index = 217