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Censorship By Copyright
Copyright can be used to enact censorship. Critics of copyright argue that copyright has been abused to suppress free speech, as well as criticism, business competition, academic research, investigative reporting (and freedom of press) and artistic expression. The most common form of censorship by copyright concerns the abuse of the Digital Millennium Copyright Act (DMCA) either by copyright holders or by the service providers. The DMCA forces web hosts to be overly sensitive to claims of copyright infringement and act as de facto gatekeepers, infringing upon fair use as well as facilitating abuse in the form of bogus copyright claims. Reasons Strong-arm deterrence tactic The use of censorship of copyright has been described as a legal "strong-arm" tactic ( guerrilla litigation) aimed at creating deterrents for future copyright infringement by educating the public about the copyright. This tactic does not require a trial, as the threat of litigation against financially v ...
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Copyright Troll
A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes while without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works. Both the term and the concept of a copyright troll began to appear in the mid-2000s. It derives from the pejorative "patent trolls", which are companies that enforce patent rights to earn money from companies that are selling products, without having products of their own for sale. It is distinguished from organizations such as ASCAP, which collect royalties and enforce copyrights of their members. Notable examples O ...
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Presumption Of Guilt
A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent. Such a presumption may legitimately arise from a rule of law or a procedural rule of the court or other adjudicating body which determines how the facts in the case are to be proved, and may be either rebuttable or irrebuttable. An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal. Rebuttable presumptions of fact, arising during the course of a trial as a result of specific factual situations (for example that the accused has taken flight), are common; but an opening presumption of guilt based on the mere fact that the suspect has been ...
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Right To Be Forgotten
The right to be forgotten (RTBF) is the right to have private information about a person be removed from Internet searches and other directories under some circumstances. The concept has been discussed and put into practice in several jurisdictions, including Argentina, the European Union (EU), and the Philippines. The issue has arisen from desires of individuals to "determine the development of their life in an autonomous way, without being perpetually or periodically stigmatized as a consequence of a specific action performed in the past." There has been controversy about the practicality of establishing a right to be forgotten (in respect to access of information) as an international human right. This is partly due to the vagueness of current rulings attempting to implement such a right. Furthermore, there are concerns about its impact on the right to freedom of expression, its interaction with the right to privacy, and whether creating a right to be forgotten would decrease the ...
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General Data Protection Regulation
The General Data Protection Regulation (GDPR) is a European Union regulation on data protection and privacy in the EU and the European Economic Area (EEA). The GDPR is an important component of EU privacy law and of human rights law, in particular Article 8(1) of the Charter of Fundamental Rights of the European Union. It also addresses the transfer of personal data outside the EU and EEA areas. The GDPR's primary aim is to enhance individuals' control and rights over their personal data and to simplify the regulatory environment for international business. Superseding the Data Protection Directive 95/46/EC, the regulation contains provisions and requirements related to the processing of personal data of individuals, formally called "data subjects", who are located in the EEA, and applies to any enterprise—regardless of its location and the data subjects' citizenship or residence—that is processing the personal information of individuals inside the EEA. The GDPR was ad ...
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Directive On Copyright In The Digital Single Market
The Directive on Copyright in the Digital Single Market, formally the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC is a European Union (EU) directive which has been adopted and came into force on 7 June 2019. It is intended to ensure "a well-functioning marketplace for copyright". It extends existing European Union copyright law and is a component of the EU's Digital Single Market project. The Council of the European Union describes their key goals with the Directive as protecting press publications; reducing the "value gap" between the profits made by Internet platforms and by content creators; encouraging collaboration between these two groups, and creating copyright exceptions for text- and data-mining. The directive was introduced by the European Parliament Committee on Legal Affairs on 20 June 2018, and a revised proposal ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a ''sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agree ...
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Orphan Work
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them because additional details cannot be found. A work can become orphaned through rightsholders being unaware of their holding, or by their demise (e.g. deceased persons or defunct companies) and establishing inheritance has proved impracticable. In other cases, comprehensively diligent research fails to determine any authors, creators or originators for a work. Since 1989, the amount of orphan works in the United States has increased dramatically since some works are published anonymously, assignments of rights are not required to be disclosed publicly, and registration is optional and, thus, many works' statuses with respect to who holds which rights remain unknown to the public even when those rights are being actively exploited by authors or other rightsholders. ...
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Digitization
DigitizationTech Target. (2011, April). Definition: digitization. ''WhatIs.com''. Retrieved December 15, 2021, from https://whatis.techtarget.com/definition/digitization is the process of converting information into a digital (i.e. computer-readable) format.Collins Dictionary. (n.d.). Definition of 'digitize'. Retrieved December 15, 2021, from https://www.collinsdictionary.com/dictionary/english/digitize The result is the representation of an object, image, sound, document, or signal (usually an analog signal) obtained by generating a series of numbers that describe a discrete set of points or samples. The result is called '' digital representation'' or, more specifically, a ''digital image'', for the object, and ''digital form'', for the signal. In modern practice, the digitized data is in the form of binary numbers, which facilitates processing by digital computers and other operations, but digitizing simply means "the conversion of analog source material into a numerical f ...
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Artistic Expression
Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of what constitutes art, and its interpretation has varied greatly throughout history and across cultures. In the Western tradition, the three classical branches of visual art are painting, sculpture, and architecture. Theatre, dance, and other performing arts, as well as literature, music, film and other media such as interactive media, are included in a broader definition of the arts. Until the 17th century, ''art'' referred to any skill or mastery and was not differentiated from crafts or sciences. In modern usage after the 17th century, where aesthetic considerations are paramount, the fine arts are separated and distinguished from acquired skills in general, such as the decorative or applied arts. The nature of art and related concepts, ...
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Creativity
Creativity is a phenomenon whereby something new and valuable is formed. The created item may be intangible (such as an idea, a scientific theory, a musical composition, or a joke) or a physical object (such as an invention, a printed literary work, or a painting). Scholarly interest in creativity is found in a number of disciplines, primarily psychology, business studies, and cognitive science. However, it can also be found in education, the humanities (philosophy, the arts) and theology, social sciences (sociology, linguistics, economics), engineering, technology and mathematics. These disciplines cover the relations between creativity and general intelligence, personality type, mental and neural processes, mental health, artificial intelligence; the potential for fostering creativity through education, training, leadership and organizational practices; the factors that determine how creativity is evaluated and perceived; the fostering of creativity for national economic benef ...
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Innovation
Innovation is the practical implementation of ideas that result in the introduction of new goods or service (economics), services or improvement in offering goods or services. ISO TC 279 in the standard ISO 56000:2020 defines innovation as "a new or changed entity realizing or redistributing value". Others have different definitions; a common element in the definitions is a focus on newness, improvement, and spread of ideas or technologies. Innovation often takes place through the development of more-effective product (business), products, processes, Service (economics), services, technologies, art works or business models that innovators make available to Market (economics), markets, governments and society. Innovation is related to, but not the same as, invention: innovation is more apt to involve the practical implementation of an invention (i.e. new / improved ability) to make a meaningful impact in a market or society, and not all innovations require a new invention. Tech ...
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