Balancing the legal teetertotter : finding the appropriate weight for creator and user rights in cyber space
Bibliographic record
Abstract
This study represents a "quantum analysis" Law Reform approach to the adoption and evaluation of Canadian and international legal regimes aimed at the protection of intellectual property rights (IPRs) such as copyright, patent and trade-marks in cyberspace. Related intangible property rights such as privacy, publicity, performance, exhibition, moral rights, P2P file-sharing, "grey marketing" and protection against misappropriation are therefore considered. Beginning with a review of appellate level case law to identify areas of uncertainty and new developments in contemporary IP law, especially on the Internet, the history and the philosophical justifications for granting of traditional IPR protection of limited duration to creators are noted. The nature of the IPRs granted and the remedies available to enforce them are presented A review of current IP practice and remedies notes the trend of the Supreme Court of Canada to strive for balance among the stakeholders, both creators and users, of the intangible property. The post-1994 TRIPS agreement and globalization are discussed and the intersection between IP law, national sovereignty, and international trade through the WTO is considered. Canada’s capability to fashion its own legal response in the face of her international responsibilities and TRIPS pressure to harmonize IP law is assessed. A discussion of the merits of sui generis IP laws for use in the new digital knowledge-based economy environment rather than the extension of traditional IP laws to remove current uncertainties follows. The study concludes with a list of fifty recommendations for characteristics of any legislative solution proposed for IPR protection on the Internet. The requirement of a balanced regime is affirmed.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.023 | 0.041 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.006 | 0.003 |
| Science and technology studies | 0.011 | 0.060 |
| Scholarly communication | 0.024 | 0.026 |
| Open science | 0.004 | 0.010 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".