P.G. McHugh
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780198252481
- eISBN:
- 9780191710438
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198252481.001.0001
- Subject:
- Law, Philosophy of Law, Legal History
This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations ...
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This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the 20th century. The book begins by looking at the nature of British imperialism and the position of non-Christian peoples at large in the 17th and 18th centuries. It then focuses on North America and Australasia from their early national periods in the 19th century to the modern era. The historical basis of relations is described through the key, enduring, but constantly shifting questions of sovereignty, status and, more latterly, self-determination. Throughout the history of engagement with common law legalism, questions surrounding the settler-state's recognition — or otherwise — of the integrity of the tribe have recurred. These issues were addressed in many and varied imperial and colonial contexts, but all jurisdictions have shared remarkable historical parallels which have been accentuated by their common legal heritage. The same questioning continues today in the renewed and controversial claims of the tribal societies to a distinct constitutional position and associated rights of self-determination. The author examines the political resurgence of aboriginal peoples in the last quarter of the 20th century. A period of ‘rights-recognition’ was transformed into a second-generation jurisprudence of rights-management and rights-integration. From the 1990s onwards, aboriginal affairs have been driven by an increasingly rampant legalism.Less
This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing relations between the British settlers and indigenous peoples. That history runs from the plantation of Ireland and settlement of the New World to the end of the 20th century. The book begins by looking at the nature of British imperialism and the position of non-Christian peoples at large in the 17th and 18th centuries. It then focuses on North America and Australasia from their early national periods in the 19th century to the modern era. The historical basis of relations is described through the key, enduring, but constantly shifting questions of sovereignty, status and, more latterly, self-determination. Throughout the history of engagement with common law legalism, questions surrounding the settler-state's recognition — or otherwise — of the integrity of the tribe have recurred. These issues were addressed in many and varied imperial and colonial contexts, but all jurisdictions have shared remarkable historical parallels which have been accentuated by their common legal heritage. The same questioning continues today in the renewed and controversial claims of the tribal societies to a distinct constitutional position and associated rights of self-determination. The author examines the political resurgence of aboriginal peoples in the last quarter of the 20th century. A period of ‘rights-recognition’ was transformed into a second-generation jurisprudence of rights-management and rights-integration. From the 1990s onwards, aboriginal affairs have been driven by an increasingly rampant legalism.
Richard Haynes
- Published in print:
- 2005
- Published Online:
- September 2012
- ISBN:
- 9780748618804
- eISBN:
- 9780748670994
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748618804.003.0003
- Subject:
- Society and Culture, Media Studies
The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, ...
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The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, the movement of information by means of binary digits or ‘bits’, has meant that all forms of media can be easily manipulated, thereby undermining the ways in which copyright works both to promote creativity and to control copying. Digital media has the potential to collapse many of the distinctions that analogue media upheld and around which copyright has historically been formulated. This chapter examines why digital media have such far-reaching consequences for media rights and how governments and media industries have attempted to maintain regulation of the digital environment through new legislation and technological means. First, the chapter looks at exactly why digital media pose a threat. It then focuses on digital lives, digital rights management, the WIPO Copyright Treaty, the Digital Millennium Copyright Act 1998 and the Copyright Directive. It also discusses copyright issues involving DVDs and descrambling of content-scrambling systems.Less
The turn in what some have called the ‘digital moment’ and others have interpreted as the ‘digital dilemma’ has collapsed the distinctions between media producers and media consumers. Digitalisation, the movement of information by means of binary digits or ‘bits’, has meant that all forms of media can be easily manipulated, thereby undermining the ways in which copyright works both to promote creativity and to control copying. Digital media has the potential to collapse many of the distinctions that analogue media upheld and around which copyright has historically been formulated. This chapter examines why digital media have such far-reaching consequences for media rights and how governments and media industries have attempted to maintain regulation of the digital environment through new legislation and technological means. First, the chapter looks at exactly why digital media pose a threat. It then focuses on digital lives, digital rights management, the WIPO Copyright Treaty, the Digital Millennium Copyright Act 1998 and the Copyright Directive. It also discusses copyright issues involving DVDs and descrambling of content-scrambling systems.
Aaron Perzanowski and Jason Schultz
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262035019
- eISBN:
- 9780262335959
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262035019.003.0007
- Subject:
- Information Science, Library Science
This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers ...
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This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers to monitor and restrict consumer behavior. For example, after the Supreme Court took the side of consumers and affirmed the legality of the VCR, Hollywood threw its weight behind the DVD, an encrypted format that allowed studios to dictate the design and functionality of playback devices. These and other forms of technological self help are strengthened by the Digital Millennium Copyright Act (DMCA), which prohibits the bypassing, disabling, or otherwise circumventing the digital locks that DRM represents. But the DMCA has largely failed to prevent circumvention, and many copyright holders have recognized that the restrictions imposed by DRM discourage consumers from buying encumbered products. Moreover, as the Sony rootkit incident demonstrates, DRM puts consumer security and privacy at risk.Less
This chapter address technologies that are collectively known as Digital Rights Management (DRM). DRM is a set of software-based tools implemented by copyright holders, device makers, and retailers to monitor and restrict consumer behavior. For example, after the Supreme Court took the side of consumers and affirmed the legality of the VCR, Hollywood threw its weight behind the DVD, an encrypted format that allowed studios to dictate the design and functionality of playback devices. These and other forms of technological self help are strengthened by the Digital Millennium Copyright Act (DMCA), which prohibits the bypassing, disabling, or otherwise circumventing the digital locks that DRM represents. But the DMCA has largely failed to prevent circumvention, and many copyright holders have recognized that the restrictions imposed by DRM discourage consumers from buying encumbered products. Moreover, as the Sony rootkit incident demonstrates, DRM puts consumer security and privacy at risk.
Jussi Parikka
- Published in print:
- 2008
- Published Online:
- August 2013
- ISBN:
- 9780262062749
- eISBN:
- 9780262273343
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262062749.003.0010
- Subject:
- Society and Culture, Media Studies
This chapter discusses the copying process, a major concept in the digital software culture. It focuses on the emerging trends and technological advancements of the copying process. The rest of the ...
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This chapter discusses the copying process, a major concept in the digital software culture. It focuses on the emerging trends and technological advancements of the copying process. The rest of the chapter comprises a detailed discussion on the elements and works involved, starting from the early times to the modern age and the ways in which the copy routine impacted the software studies. The conclusion states that digital copying copes with the digital rights management techniques; it also describes the relationship between the network and communication areas.Less
This chapter discusses the copying process, a major concept in the digital software culture. It focuses on the emerging trends and technological advancements of the copying process. The rest of the chapter comprises a detailed discussion on the elements and works involved, starting from the early times to the modern age and the ways in which the copy routine impacted the software studies. The conclusion states that digital copying copes with the digital rights management techniques; it also describes the relationship between the network and communication areas.
