The WIPO internet treaties at 25 : a retrospective / R. V. Vaidyanatha Ayyar.
Ayyar, R. V. Vaidyanatha.
2023
K1420.5
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Title The WIPO internet treaties at 25 : a retrospective / R. V. Vaidyanatha Ayyar.
Author Ayyar, R. V. Vaidyanatha.
ISBN 9789811983900 (electronic bk.)
9811983909 (electronic bk.)
9789811983894
9811983895
DOI https://doi.org/10.1007/978-981-19-8390-0
Imprint Singapore : Springer, 2023.
Language English
Description 1 online resource (339 p.)
Other Standard Identifiers 10.1007/978-981-19-8390-0 doi
Call Number K1420.5
Dewey Decimal Classification 346.04/82
Summary The book explores the WIPO journey so far and looks at how relevant the treaties are in contemporary world after 25 years of their existence. It revisits the WIPO Diplomatic Conference, narrates briefly how the Internet Treaties came into being, describes all the developments germane to the Internet Treaties over the last twenty-five years and examines at length how well these treaties withstood the creative gales of destruction having a bearing on the production, distribution and consumption of digital content. The retrospective consists of two parts. The first part looks back at the conference, its course of events, its negotiation dynamics, the doctrinal differences and sharply conflicting economic interests underlying the stands taken by the main parties to negotiations and the national and transnational interest groups that sought to influence the negotiation process and outcomes. The second part reflects on the outcomes and assesses with the wisdom of hindsight, how appropriate the outcomes were and how well they withstood the passage of time. This second aspect is the main focus of this book. The retrospective is limited to the digital agenda of DipCon; but for the digital agenda, the DipCon is convened so soon and the Internet Treaties concluded so fast. The book provides rich material for researchers studying the WIPO journey and also the practitioners by throwing light on discussions that led to a treaty that has in general withstood the trials of time. .
Note 6.5 Deft Policy Management
Bibliography, etc. Note Bibliography -- 5 The Making of EUCD and Its Transposition into National Laws of Member States -- 5.1 Objective of Harmonisation -- 5.2 Politics of Enacting EUCD -- 5.3 Harmonisation of Limitations and Exceptions -- 5.4 Anticircumvention Provision and Exceptions to that Provision (Article 6) -- 5.5 Transposition of EUCD into National Laws of Member States -- Bibliography -- 6 The Making of Canadian Implementation Legislation -- 6.1 Canadian Copyright Tradition -- 6.2 Cautious Approach to DipCon -- 6.3 Legislative Process (2001-2005) -- 6.4 Shift in Policy Environment and Internet Activism
Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed January 23, 2023).
Available in Other Form The WIPO Internet Treaties At 25
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Intro
Preface
Acknowledgements
About This Book
Contents
About the Author
Abbreviations
1 Overview
Bibliography
2 The Making of the Internet Treaties
2.1 Prehistory
2.1.1 TRIPS Rejuvenates Berne
2.1.2 The Digital Tsunami
2.1.3 Precocious Policy Response
2.2 The Preparatory Phase
2.2.1 WIPO Committees of Experts
2.2.2 Jinxed Database Treaty
2.3 DipCon
2.3.1 High Drama of DipCon
2.3.2 The Spectre that Haunted the Uruguay Round and DipCon: Audio-visual Performances and Services
2.3.3 Digital Agenda

2.4 Initial Reactions to the DipCon Outcomes
2.4.1 WIPO and Its Functionaries
2.4.2 Opponents of Lehman Report
2.4.3 Private Interest Groups
2.4.4 WIPO Member States
2.5 Overall Assessment
2.5.1 What Is Special About the TRIPs and Internet Treaties
Appendix: An Indian Negotiator's Tale
Opportunity Knocks the Door
Preparations for Negotiations
The U.S. Lobbies
General Consultations, Geneva (October 1996)
Negotiations Between Organisations: Securing Negotiating Mandate
Lobbying by Interest Groups Begins

Asian Group Regional Meeting: Chiang Mai, Thailand (November 1996)
Curtain Raiser: 15 + 15 + 1 + 1 Meeting
DipCon Venue: Mega Bazaar
DipCon: Starting Trouble
Midlife Crisis: Champagne and Broken Glass
Nail Biting Climax: Reproduction Right
Indian Reaction to Negotiation Outcomes
Bibliography
3 The Making of DMCA (U.S. Implementation Legislation)
3.1 Politics of Making DMCA
3.2 Policy Negotiations and Outcome
3.2.1 Anticircumvention Provisions (S.1201)
3.2.2 Secondary Liability of Intermediaries (S.512)
3.2.3 Academic Critique of DMCA
3.3 Turn of the Tide

3.4 'Export' of DMCA Provisions Through Trade Agreements
Bibliography
4 New Technologies Unleash Creative Destruction
4.1 Peer-to-Peer File Sharing Bursts on the Copyright Landscape
4.2 Legal Challenge to P2P File Sharing Service Providers
4.3 Sledgehammer to Swat a Fly: Backlash Against Copyright
4.4 New Actors Make Copyright Policy Environment More Complex
4.5 Advent of Web 2.0 Promotes Interactivity and Activism
4.6 Second Wave Legislation
4.7 Graduated Response
4.8 New Business Models: Digital Renaissance
4.9 Study of S.1201 by U.S. Copyright Office (2017)

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