The Digital-Millennium-Copyright-Act Essay

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Introduction

The Digital-Millennium-Copyright-Act (DMCA) has been a fairly fresh aspect of legislation that came about in the year 1998 and was instituted to meet up with the desire of updating a protection of newly created digitalized forms of materials that are copyrighted within the United States. There are however a number of complications linked with the legislation in terms of how effective it has been in the actualization of the purpose for which it was instituted – even though the DMCA has assumed a statutory standard for monitoring individuals and organizations by such agencies like Recording-Industry-Association-of-America (RIAA) and the Motion-Picture-Association-of-America (MPAA). This paper builds upon the development of the DMCA in utilizing the professional knowledge acquired through lectures and readings and reflects on the work of cross and miller (2008).

The General Business Implication of DMCA

Based on the fact that there has been a consistent shift on pubic policies in line with technological advancement, the DMCA has become extremely relevant to monitoring the infringement of copyright with electronic informative sources (Khan, 2010). A particularly clear application it has is in defining a clear profit line for businesses. The argument can be drawn that with scientist consulting with lawyers for technological researches, there would be higher profit margins for companies (Writing, 2011). Considering industrial security as an example, companies that utilize only the services of engineers in the creation of encrypted technologies would be at a risk of paying for the failure to meet up with DMCA, and potentially losing financially at the end.

There is an equal implication of the DMCA on markets that deal with copyrighted materials as these are guided by the legal implications. A combination of the DMCA and technology therefore is essential in the realization of effective management and protection of business institutions.

My Real Life Experience

Several institutions and companies have presently been confronted with the challenges poised by the DMCA in the US; specifically, universities are confronted with specified implications. There has been the provision of internet services to students on campuses which has continually shielded to the consequences of infringement of copyrights. Presently, in our university, the MPAA and the RIAA is beginning to beckon on the university regarding the issue. The university is pressed with legal decisions on the protection and prevention of infringement of copy right as well as giving lectures to users of the internet on campuses.

The university has been under pressure from the MPAA and the RIAA to dis-effect infringement notices which have been imposed on network-stored files. This presents the challenge of not identifying persons who share this files in a legal way. Further, there is also the challenge of outpacing peer-to-peer technology on the network through a protective copyright. The university has to device fresh ways of dealing with copyright issues on the network.

Recommendation for the University

The difficulty in tracking down infringers of copyright on the net by the university has placed it in a precariously legal position against MPAA and the RIAA. It must be state that the university has to more concern with issues of copyright infringements. These issues can not be ignored or pushed aside because they will only amount to legal failures (Cross & Miller, 2008). If user restrictions on the network are not identified against copyright infringements, there is the certainty that the university will become accountable for the infringements. The importance of investing in technologies which are of the potential to track down infringers on the network as well as appropriate user education are highly recommended for the university to keep on the safe track.

Reference List

Cross, F.B., & Miller, R.L. (2008). The legal environment of business: Text and cases – ethical, regulatory, global, and e-commerce issues. (7th ed.). West: Cincinnati.

Khan, S.N. (2010). Types of Software Licenses. Washington, DC: Lamel Printing House.

Writing, A. G. (2011). Legal penalties for software piracy. New York: Infinity Press.

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