The copyright consumers' bargain defining the rights to commercial copies of copyright works
Bibliographic record
Abstract
This thesis aims at defining, both legally and normatively, the nature and scope of consumers' rights to commercial copies of copyright works as an essential means to preserve the coherence and legitimacy of copyright. It explores the interaction between: ( 1) technological developments, which empower consumers to experience copyright works in unprecedented ways, but also augment copyright holders' control over access to and use of their works; (2) the progressive expansion in scope of copyright holders' exclusive rights as conferred by copyright law; and (3) the contract terms and technological protection measures under which copyright works are made available to consumers. The nature and scope of consumers' rights to commercial copies of copyright works are defined by applying property law and theory, in particular, through an analysis of the concepts of ownership, property limitations and the numerus clausus principle. The nature and scope of consumers' rights to commercial copies of copyright works are also analyzed through the application of consumer protection law and theory. The thesis explores the use of consumer law concepts such as implied obligations of quality, fitness for purpose, title, quiet possession, information disclosure requirements and prohibitions of unfair practices to assert claims against restrictions on uses of commercial copies of copyright works. Commercial copies of copyright works emerge as a peculiar form of personal property, the rights in which are determined to a large extent by the exceptions to copyright infringement laid out in Canada's Copyright Act or similar statutes in other jurisdictions, and by the commercial transactions through which consumers access copyright works. Consumers' ownership rights to commercial copies of copyright works are progressively eroding. The thesis provides various recommendations to clarify and strengthen consumers' rights to commercial copies of copyright works on the basis of the prima facie normative force of ownership freedoms and the instrumental justifications of copyright to incent the creation and the dissemination of copyright works.
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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 | 0.010 | 0.020 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.006 | 0.045 |
| Scholarly communication | 0.014 | 0.017 |
| Open science | 0.002 | 0.008 |
| Research integrity | 0.008 | 0.005 |
| Insufficient payload (model declined to judge) | 0.008 | 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".