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Notice And Notice
A "notice and notice" system is used by some internet service providers (ISPs) in relation to the uploading and downloading activities of a user of a peer-to-peer file sharing network, otherwise known as "P2P". It may occur when an ISP receives notification from a rights holder to a copyrighted work that one of its subscribers is allegedly hosting or sharing infringing material. The ISP may then be required to forward the notice to the subscriber, and to monitor that subscriber's activities for a period of time. The ISP is not required to reveal the subscriber's personal information, nor does the ISP take any further steps to ensure that the allegedly infringing material is removed. It is used primarily in Canada, where copyright legislation A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educa ...
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Internet Service Provider
An Internet service provider (ISP) is an organization that provides services for accessing, using, or participating in the Internet. ISPs can be organized in various forms, such as commercial, community-owned, non-profit, or otherwise privately owned. Internet services typically provided by ISPs can include Internet access, Internet transit, domain name registration, web hosting, Usenet service, and colocation. An ISP typically serves as the access point or the gateway that provides a user access to everything available on the Internet. Such a network can also be called as an eyeball network. History The Internet (originally ARPAnet) was developed as a network between government research laboratories and participating departments of universities. Other companies and organizations joined by direct connection to the backbone, or by arrangements through other connected companies, sometimes using dialup tools such as UUCP. By the late 1980s, a process was set in place towa ...
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Peer-to-peer File Sharing
Peer-to-peer file sharing is the distribution and sharing of digital media using peer-to-peer (P2P) networking technology. P2P file sharing allows users to access media files such as books, music, movies, and games using a P2P software program that searches for other connected computers on a P2P network to locate the desired content. The nodes (peers) of such networks are end-user computers and distribution servers (not required). The early days of file-sharing were done predominantly by client-server transfers from web pages, FTP and IRC before Napster popularised a windows application that allowed users to both upload and download with a freemium style service. Record companies and artists called for its shutdown and FBI raids followed. Napster had been incredibly popular at its peak, spurning a grass-roots movement following from the mixtape scene of the 80's and left a significant gap in music availability with its followers. After much discussion on forums and in chat-rooms, i ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Copyright Act Of Canada
The ''Copyright Act'' of Canada is the federal statute governing copyright law in Canada. It is jointly administered by the Department of Industry Canada and the Department of Canadian Heritage. The ''Copyright Act'' was first passed in 1921 and substantially amended in 1988 and 1997. Several attempts were made between 2005 and 2011 to amend the ''Act'', but each of the bills (Bill C-60 in 2005, Bill C-61 in 2008, and Bill C-32 in 2010) failed to pass due to political opposition. In 2011, with a majority in the House of Commons, the Conservative Party introduced Bill C-11, titled the ''Copyright Modernization Act''. Bill C-11 was passed and received Royal Assent on June 29, 2012. History 1921 Canadian Copyright Act The first ''Copyright Act'' was passed in 1921 and came into force in 1924. Although Canada was no longer subject to imperial copyright law, the 1921 Act was closely modelled on the UK ''Copyright Act'' of 1911 to comply with the Berne Convention for the Protection of ...
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Bill C-60
''An Act to amend the Copyright Act'' (Bill C-60) was a proposed law to amend the '' Copyright Act'' initiated by the Government of Canada in the First Session of the Thirty-Eighth Parliament. Introduced by the Minister of Canadian Heritage and Minister responsible for Status of Women Liza Frulla and then Minister of Industry David Emerson as ''An Act to Amend the Copyright Act'', it received its First Reading in the House of Commons of Canada on June 20, 2005. On November 29, 2005, the opposition to the government tabled a non-confidence motion which passed, dissolving Parliament and effectively killing the bill. The subsequent government tabled a similar bill called C-61. Bill C-60 primarily implemented amendments to meet compliance obligations of two World Intellectual Property Organization treaties Canada is seeking to ratify, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. In particular Technology Protection Measures (TPMs) and Rights Management In ...
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Notice And Take Down
Notice and take down is a process operated by online hosts in response to court orders or allegations that content is illegal. Content is removed by the host following notice. Notice and take down is widely operated in relation to copyright infringement, as well as for libel and other illegal content. In United States and European Union law, notice and takedown is mandated as part of limited liability, or safe harbour, provisions for online hosts (see the Digital Millennium Copyright Act 1998 and the Electronic Commerce Directive 2000). As a condition for limited liability online hosts must expeditiously remove or disable access to content they host when they are notified of the alleged illegality. United States The Online Copyright Infringement Liability Limitation Act, passed into law in 1998 as part of the Digital Millennium Copyright Act provides safe harbour protection to "online service providers" for "online storage" in section 512(c). Section 512(c) applies to online se ...
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