A Decade of the DMCA

A Decade of the DMCA

by Marcia K. Wilbur

In 1998, the DMCA was passed into law. Since that time, many cases emerged. Background information relevant to copyright law and some cases are included. Over the past decade, some DMCA related protests were held. This book chronicles some of these events. In many cases in the past decade fair use was little or no consideration.

In some of the more recent cases, fair use has been a consideration, which is somewhat of a relief to those who wish to create parodies and conduct research. However, there is no guarantee that any future cases that clearly fall under fair use will be seen as such by the courts. The examples in the book are not my DMCA story, but the story of Americans (and others) impacted by the DMCA. These are their stories, their experiences and some of their suggestions.

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A Decade of the DMCA – 215 pages, 2.34 MB (PDF)

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The Story of Civil Liberty in the United States

The Story of Civil Liberty in the United States
by Leon Whipple

History of civil rights in nineteenth and early-twentieth century America. There are stories of heroic people who stood up for their own rights and those of others, but also terrible betrayals of freedom of spech and religion and association, as well as racism and intolerance. This book serves as a warning that the promise of liberty is meaningful only if liberty is ensured for all people, including those we don’t agree with or don’t understand.

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The Story of Civil Liberty in the United States – 330 pages, 8 chapters (HTML) – Chapter links are at the top left of the site.

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Unoriginal Misunderstanding: Press Freedom in Early America and Interpretation of the First Amendment

Unoriginal Misunderstanding: Press Freedom in Early America and Interpretation of the First Amendment
by Kenneth Shear

Unoriginal Misunderstanding surveys the American libertarian traditions of press freedom that underlie the First Amendment. Author Kenneth Shear collects extensive source material demonstrating the deep roots of free expression in America. Shear also challenges judges and scholars who have proposed to narrow the press freedom guarantee because they misunderstand the origins of the First Amendment, and he shows that historical sources do indeed support broad modern interpretations of freedom of the press.

• ‘[E]very reader should come away impressed by the range of materials Shear has unearthed that support the notion that eighteenth-century Americans embraced expansive notions of freedom of the press.’ – Prof. Richard Buel, Jr. (author of Securing the Revolution)
• ‘Shear … arrays a formidable group of writings by lawyers, ministers, and journalists during and after the revolution concerning press freedoms.’ – Prof. Alfred W. Blumrosen (Author of Slave Nation)
• ‘[Y]ou will never look at the phrase ‘original understanding’ the same way. UNORIGINAL MISUNDERSTANDING will be an insightful companion to any intellectual debate about … the origins of the First Amendment.’ – Law and Politics Book Review

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Unoriginal Misunderstanding: Press Freedom in Early America and Interpretation of the First Amendment – 141 pages, 1MB (HTML)

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Marxism, Liberalism, Feminism: Leftist Legal Thought

Marxism, Liberalism, Feminism: Leftist Legal Thought
by Eric A. Engle

Traces the theory and practice of Marxism in law contrasting early Soviet law with late modern U.S. legal theory.

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Marxism, Liberalism, Feminism: Leftist Legal Thought – 120 pages, 1 MB (PDF)

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