Digital Rights Management in the United States and Europe
Digital Rights Management in the United States and Europe
STEFAN BECHTOLD Max Planck Society for the Advancement of the Sciences - Max Planck Institute of Research on Collective Goods
Abstract: Over the last ten years, legislators and courts worldwide have created a comprehensive legal framework surrounding Digital Rights Management (DRM). Starting from a description of the technologies underlying DRM, the article analyzes the implications of this legal framework in the U.S. and the European Union. Compared to other contributions in the field, the article stresses that the real innovation of DRM systems is not the protection of content by technology or some other means of protection alone. Rather, it is the intertwining of different means of protection (technology, contracts, technology licenses, anti-circumvention regulations and traditional copyright protection) that leads to the unique problems of DRM. Furthermore, the article analyzes several patent and know how license agreements that deal with DRM technologies in detail. The article demonstrates that, both in the U.S. and the European Union, this intertwining of different means of protection may lead to a new property right making copyright protection obsolete. It also highlights that there is a danger of over-protection: questions of fair use and droit d'auteur limitations to traditional copyright law have to be addressed. If competition is not able to solve this tension between the interests of content providers and the interests of users or the society at large - which seems doubtful at least - it is the law that must provide a solution. The article analyzes and compares the different solutions the U.S., the European Union and Germany have adopted concerning the relationship between copyright limitations and the protection by technology, contracts, and technology licenses. In particular, the article compares the solutions provided in 1201 of the U.S. Digital Millennium Copyright Act of 1998 and Art. 6 (4) of the European Copyright Directive of 2001. Go to article
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Facts on MBA
As the US MBA model emerged at the turn of the 20th century, Europeans developed centres of excellence in business, such as at the universities of London and Manchester. Elsewhere in Europe, companies started management programs, such as Cass Business School, London, IMD, Instituto de Empresa, INSEAD, Henley Management College and Ashridge to provide management training for promising employees. In 1968, the Asian Institute of Management was founded.
In the United States, by one estimate, the average cost of earning an MBA via an accredited full-time program (excluding room and board) rose from $124,000 in 1993 to $162,000 in 2001 (see Davies and Cline, 2005). The bulk of the cost is in the form of foregone earnings ($109,000 in 1993 and $139,000 in 2001). Accounting for the decrease in expected unemployment as well as the increase in expected wages and expected wage growth, the financial benefits to holding an MBA degree are the equivalent of an 18% rate of return on the cost of the degree (see Davies and Cline, 2005).
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