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Self-Help in the Digital Jungle

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  • Dam, Kenneth W

Abstract

Self-help systems, protecting electronic content from unauthorized copying, are controversial, especially with copyright scholars who see them as endangering the fair use defense permitting certain forms of socially useful copying. Self-help systems, by harnessing both technology and the institution of contract instead of relegating contract providers to legal actions to enforce intellectual property rights, promise to expand the amount and diversity of content while reducing transactions and search costs. These systems also further moral rights of attribution and integrity. Such systems can evolve to accommodate fair users (especially through industry-wide standards setting), deter unauthorized copying through unobserved victim precaution, and strengthen social norms against such copying. Copyright 1999 by the University of Chicago.

Suggested Citation

  • Dam, Kenneth W, 1999. "Self-Help in the Digital Jungle," The Journal of Legal Studies, University of Chicago Press, vol. 28(2), pages 393-412, June.
  • Handle: RePEc:ucp:jlstud:v:28:y:1999:i:2:p:393-412
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    File URL: http://dx.doi.org/10.1086/468056
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    Cited by:

    1. Gil Ricard, 2006. "The Economics of IPR Protection Policies," Review of Network Economics, De Gruyter, vol. 5(3), pages 1-21, September.
    2. Christoph Engel, 2011. "Contract as Exposure to Attack," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 167(1), pages 72-76, March.
    3. Rick Harbaugh & Rahul Khemka, "undated". "Does Copyright Enforcement Encourage Piracy?," Claremont Colleges Working Papers 2000-14, Claremont Colleges.
    4. Kazakova, M.V. (Казакова, М.В.) & Kiblitskaya, T.R. (Киблицкая, Т.Р.) & Lyubimov, I.L. (Любимов, И.Л.) & Nesterova, K.V. (Нестерова, К.В.), 2016. "Inequality and Economic Growth: An Empirical Evaluation of Foreign Countries and Russia
      [Неравенство И Экономический Рост: Эмпирические Оценки Для Зарубежных Стран И России]
      ," Working Papers 2043, Russian Presidential Academy of National Economy and Public Administration.
    5. Christoffel Grechenig & Martin Kolmar, 2011. "The State’s Enforcement Monopoly and the Private Protection of Property," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_24, Max Planck Institute for Research on Collective Goods.
    6. Rick Harbaugh & Rahul Khemka, 2010. "DOES COPYRIGHT ENFORCEMENT ENCOURAGE PIRACY? -super-," Journal of Industrial Economics, Wiley Blackwell, vol. 58(2), pages 306-323, June.

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