Disrupting Copyright

How Disruptive Innovations and Social Norms are Challenging IP Law

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Les mer
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Om boka

New innovations are created every day, but today's business leaders are focused on finding disruptive innovations which are cheaper and lower performing than upmarket technologies. They create new markets, and challenge the status quo of existing technological thinking creating uncertainty both in the future of the innovation and the outcome of the market upheaval. Disruptive innovation is an influential innovation theory in business, but how does it affect the law?





Several of these technologies have brought new ways for individuals to deal with copyright works while disrupting existing market expectations, while their ability to spawn social norms has presented challenges for legislation. Considering disruptive innovation as a class, this book examines innovations that have impacted copyright in the past, what lessons can be learned from how the law interacted with them, and how the law can successfully deal with them going forward. Creating comprehensive guidance that can be used when faced with disruptive innovations with the aim of more successful legislation, it considers whether copyright law itself has been disrupted through these innovations.


Exploring whether disruptive innovations as a class have unique properties that necessitate action by legislators and whether these properties have the possibility to disrupt the law itself, this book theorises how the law should deal with disruptive innovations in general, going beyond a discussion of the regulation of specific innovations to develop a framework for how law makers should deal with disruptive innovations when faced by one.

Fakta

Innholdsfortegnelse

Preface





Acknowledgements





Chapter One: Disruptive Innovation & the Law


Disruptive v Sustaining Innovation: the core of the theory


What is Disruptive Innovation?


Disruptive Innovation in Legal Discussion


Disruptive Innovation: The Noun, the Theory, and the Challenge





Chapter 2: Technology, law, and shifting society


How Technology Changes Society & Societal Priorities


Law, Society & Technology


Why Disruptive Innovation?


Signal to Noise





Chapter 3: Social Norms and Disruptive Innovations


Norms and Signals


Question: Is the disruptive innovation linked to a demographically significant group?


Question: Have conflicting norms arisen?


Question: Is there interest in the technology?


A Confluence of Factors, or how to affect policy


Conclusion





Chapter 4: Legislating for well known norms: Photocopying


Early Development Period Pre-1959


Disruptive Period Development 1959-1970


Mature Technology Period


Xerography's Social Norm influence on the Law





Chapter 5: Legislating during the disruptive period: Radio


Early Development Pre-1922


Disruptive Period 1922-1927


Mature Technology in the 1930s


Differences between the US & UK


Conclusion





Chapter 6: Legislating Early: Personal Computers


Before the Personal Computer


Early Personal Computers 1976-1979


The Disruptive Period 1980-84


Post 1984


Conclusion





Chapter 7: Disruptive Innovation and Regulation


Innovation and Norms: Identifying Social Needs


Disruptive technologies can highlight laws that require reform


Disruptive innovations requires careful, cautious management by law reformers


Regulating disruptive innovations





Chapter 8: The Principles at Work


The Disruptive Internet


Artificial Intelligence: Disruptive Innovation or not?


Applying the Principles


Conclusion





Chapter 9: Final Thoughts





Index

Om forfatteren

Dr. Margery R Hilko lectures at the Sutherland School of Law at University College Dublin. With a LLM in Intellectual Property and Information Technology Law, her PhD was explored how disruptive innovations and the social norms they created affected copyright law. She continues to research in the areas of data protection, internet law, and intellectual property.