Who should own access rights? A game-theoretical approach to striking the optimal balance in the debate over digital rights management
Artificial Intelligence and Law 15 (4):323-356 (2007)
| Abstract | The development of access rights as, perhaps, a replacement for copyright in digital rights management (DRM) systems, draws our attention to the importance of ‚the balance problem’ between information industries and the individual user. The nature of just what this ‚balance’ is, is often mentioned in copyright writings and judgments, but is rarely discussed. In this paper I focus upon elucidating the idea of balance in intellectual property and propose that the balance concept is not only the most feasible way to examine whether past solutions to copyright problems are fair, but it also provides the ability to predict what will be the better solution for all affected parties. Based upon an envy-free contribution towards predicting the efficient balance, game theory is applied in a novel manner to the DRM problem to infer where and what might be the optimal balance in the debate over the nature of access right. | |||||||||
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William E. Berry (2003). Miranda Rights and Cyberspace Realities: Risks to "the Right to Remain Silent". Journal of Mass Media Ethics 18 (3 & 4):230 – 249.
Werner Ceusters & Barry Smith (2007). Referent Tracking for Digital Rights Management. International Journal of Metadata, Semantics and Ontologies.
Roberto García, Rosa Gil & Jaime Delgado (2007). A Web Ontologies Framework for Digital Rights Management. Artificial Intelligence and Law 15 (2):137-154.
Johan Galtung (1964). Balance of Power and the Problem of Perception. Inquiry 7 (1-4):277 – 294.
Hugh Breakey (2010). User's Rights and the Public Domain. Intellectual Property Quarterly (3):312-23.
Herman T. Tavani (2005). Locke, Intellectual Property Rights, and the Information Commons. Ethics and Information Technology 7 (2).
Gordon Hull (forthcoming). Coding the Dictatorship of ‘the They:’ A Phenomenological Critique of Digital Rights Management. In J. Jeremy Wisnewski Mark Sanders (ed.), Ethics and Phenomenology. Lexington Books.
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