The User-Generated Content

The User-Generated Content

  • Submitted By: seelowbei
  • Date Submitted: 09/29/2010 11:04 PM
  • Category: Technology
  • Words: 11401
  • Page: 46
  • Views: 419

Thwack!! Take That, User-Generated Content!:
Marvel Enterprises, Inc. v. NCSoft Corp.[1]

By: Carl M. Szabo

Part I - Introduction 1

Part II - The Growth of User-Generated Content 2
A. The Birth of User-Generated Content 2
B. User-Generated Content Develops 3
C. Two Types of UGC Emerge 5

Part III - Copyright Infringement Degrades User-Generated Content Sites 5

Part IV - The Legal State Of Secondary Infringement 6
A. Secondary Infringement - Defining Contributory Infringement and Vicarious Liability 7
B. Applying Secondary Infringement to Network Administrators 8

Part V - Superheroes Are Entitled To Copy Protection Too 10

Part VI - A Case For Secondary Infringement Through User-Generated Content: Marvel v. NCSoft 12
A. Background of the Case 12
B. Applying Secondary Infringement to NCSoft 14
1. Existence of Direct Infringement By a Primary Infringer 14
2. Finding Secondary Infringement 15

Part VII - Finding Harmony Between Copyright and User-Generated Content 19
A. The Future of Piracy Through User-Generated Content: YouTube As a Model 20
1. YouTube’s Course for a Marvel Iceberg 20
2. Common Problems Facing YouTube and, In-Turn, UGC 21
3. Inability of Current Solutions To Fix UGC 22
B. Revenue-Based Reapportionment 25
C. Benefits of Revenue-Based Reapportionment 25

Part VIII - Conclusion 27
Part I - Introduction

Copyright protection, a constitutionally established right,[2] is now endangered due in part to changes in technology. Established before the United States itself,[3] American copyright protection has continued even as the media it protects have grown and changed. Copyright law has survived both the American Revolution and the Industrial Revolution. However, facing the Internet Revolution, copyright law, as it existed for hundreds of years, may become extinct unless it evolves with new technology.
The online world, with the ability to create instant anonymous copies of words, pictures, sounds, and...

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