Welcome to www.esiq.org

Copyright infringement case Learning Copyright Law through Copyright Infringement Cases Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn’t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you’ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works. As a forward, however, you’ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn’t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement. Feist Publications v. Rural Telephone Service Co (6th Cir. 1996) This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are “arranged and selected in an original manner.” Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors’ database and use that data in their own work without liability. Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996) This case has to do with the ‘fair use’ law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ‘course packs’ for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor – then the course pack was bound together by a professional copy shop. In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs. As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine. Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you’ll find many copyright cases in relation to electronic copyrights – such as those you’d find on a website or PDF file, as well as other digital media such as music and audio files. It’s probable that you’ve seen copyright cases brought against the common person – such as a child or family – for downloading digital music in the form of MP3s. In the current internet age we’re in, it’s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we’ll see many more copyright cases.

US copyright law U.S. Copyright Law Covers Artistic Expression and Creative and Intellectual Works The US Copyright Law grants rights to individuals for the works they create. The US Copyright Act of 1790 has changed over the years. The current basis of US copyright law is based on the Copyright Act of 1976. US copyright law is relatively automatic. Once someone has an idea and produces it in tangible form, the creator is the copyright holder and has the authority to enforce his exclusivity to it. In other words, the person is the owner of the creation. It is not necessary that a person register their work. However, it is recommended and it can serve as evidence if someone ever violates a copyright. It is interesting to note that when an employer hires an employee to produce a work that the copyright is given to the employer. Violations of US Copyright Law are generally enforced in a civil court setting. However, there could also be criminal sanctions brought against someone who violates US copyright law. Someone that is in serious violation of US Copyright Law such as counterfeiting can find themselves on the inside of prison looking out. People need to understand that the copyright symbol is not a requirement. Someone may have a copyright, yet their work may not have a copyright notice or symbol. US Copyright Law covers a wide range of things that are derived from artistic expression, intellectual or creative work. This includes things such as literary works, music, drawings, photographs, software, movies, choreographic works such as ballets and plays, poems, paintings and more. The law covers the form of expression, not the concept, facts or the actual idea of the work. This means that someone can use another person’s idea or concept and produce their own take on it. However, copying another person’s work is a violation. It should be noted that some things may not be copyrighted but they may be protected by a patent or trademark. Individuals who have a copyright on a particular piece of work can do with it what they will. They may choose to copy it and sell it. They may display their work or perform it in public and charge admission, or they can assign or sell the work to someone else. Individuals who have a copyright can also choose to do nothing with their work, if that is their desire. However, if someone comes along and takes the work and tries to use it in some way, that person is still in violation of the owner’s copyright. Copyrights cover published and unpublished work. Anyone who is in the creative arts arena should be very careful that they do not violate US Copyright Law. For that matter, anyone who is a fan of the creative arts should make sure they are not in violation of a copyright. Simple things like uploading, downloading and sharing music or movie files can result in serious charges and fines being brought against them. With the popularity of the Internet and file sharing software there many copyrights are currently being violated. Copyright owners are starting to take a stand against them and are hunting down the perpetrators. Be careful that you are not overstepping your boundaries and violating someone’s copyright law.

Web Hosting - Bandwidth and Server Load, What's That? Two key performance metrics will impact every web site owner sooner or later: bandwidth and server load. Bandwidth is the amount of network capacity available, and the term actually covers two different aspects. 'Bandwidth' can mean�the measure of network capacity for web traffic back and forth at a given time. Or, it sometimes is used to mean the amount that is allowed for some interval, such as one month. Both are important. As files are transferred, emails sent and received, and web pages accessed, network bandwidth is being used. If you want to send water through a pipe, you have to have a pipe. Those pipes can vary in size and the amount of water going through them at any time can also vary. Total monthly bandwidth is a cap that hosting companies place on sites in order to share fairly a limited resource. Companies monitor sites in order to keep one site from accidentally or deliberately consuming all the network capacity. Similar considerations apply to instantaneous bandwidth, though companies usually have such large network 'pipes' that it's much less common for heavy use by one user to be a problem. Server load is a more generic concept. It often refers, in more technical discussions, solely to CPU utilization. The CPU (central processing unit) is the component in a computer that processes instructions from programs, ordering memory to be used a certain way, moving files from one place to the next and more. Every function you perform consumes some CPU and its role is so central (hence the name) that it has come to be used as a synonym for the computer itself. People point to their case and say 'That is the CPU'. But, the computer actually has memory, disk drive(s) and several other features required in order to do its job. Server load refers, in more general circumstances, to the amount of use of each of those other components in total. Disk drives can be busy fetching files which they do in pieces, which are then assembled in memory and presented on the monitor, all controlled by instructions managed by the CPU. Memory capacity is limited. It's often the case that not all programs can use as much as they need at the same time. Special operating system routines control who gets how much, when and for how long, sharing the total 'pool' among competing processes. So, how 'loaded' the server is at any given time or over time is a matter of how heavily used any one, or all, of these components are. Why should you care? Because every web site owner will want to understand why a server becomes slow or unresponsive, and be able to optimize their use of it. When you share a server with other sites, which is extremely common, the traffic other sites receive creates load on the server that can affect your site. There's a limited amount you can do to influence that situation. But if you're aware of it, you can request the company move you to a less heavily loaded server. Or, if the other site (which you generally have no visibility to) is misbehaving, it's possible to get them moved or banned. But when you have a dedicated server, you have much more control over load issues. You can optimize your own site's HTML pages and programs, tune a database and carry out other activities that maximize throughput. Your users will see that as quicker page accesses and a more enjoyable user experience.