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The popularity of Web 2. It's a story about community and collaboration on a scale never seen before. It's about the cosmic compendium of knowledge Wikipedia and the million-channel people's network YouTube and the online metropolis MySpace.
It's about the many wresting power from the few and helping one another for nothing and how that will not only change the world but also change the way the world changes.
Instead of merely reading a Web 2. By increasing emphasis on these already-extant capabilities, they encourage users to rely more on their browser for user interface , application software "apps" and file storage facilities.
This has been called "network as platform" computing. Users can provide the data and exercise some control over what they share on a Web 2. Amazon and eBay , news websites e. YouTube and Instagram and collaborative-writing projects. The impossibility of excluding group members who do not contribute to the provision of goods i. According to Best, [32] the characteristics of Web 2. Further characteristics, such as openness, freedom, [33] and collective intelligence [34] by way of user participation, can also be viewed as essential attributes of Web 2.
Some websites require users to contribute user-generated content to have access to the website, to discourage "free riding". The key features of Web 2. The client-side Web browser technologies used in Web 2.
To allow users to continue interacting with the page, communications such as data requests going to the server are separated from data coming back to the page asynchronously.
Otherwise, the user would have to routinely wait for the data to come back before they can do anything else on that page, just as a user has to wait for a page to complete the reload.
This also increases the overall performance of the site, as the sending of requests can complete quicker independent of blocking and queueing required to send data back to the client.
Since both of these formats are natively understood by JavaScript, a programmer can easily use them to transmit structured data in their Web application.
When this data is received via Ajax, the JavaScript program then uses the Document Object Model to dynamically update the Web page based on the new data, allowing for rapid and interactive user experience. In short, using these techniques, web designers can make their pages function like desktop applications.
For example, Google Docs uses this technique to create a Web-based word processor. Of Flash's many capabilities, the most commonly used was its ability to integrate streaming multimedia into HTML pages. With the introduction of HTML5 in and the growing concerns with Flash's security, the role of Flash became obsolete, with browser support ending on December 31, However, frameworks smooth over inconsistencies between Web browsers and extend the functionality available to developers.
Many of them also come with customizable, prefabricated ' widgets ' that accomplish such common tasks as picking a date from a calendar, displaying a data chart, or making a tabbed panel. On the server-side , Web 2. NET Framework , are used by developers to output data dynamically using information from files and databases. When data is available in one of these formats, another website can use it to integrate a portion of that site's functionality. As such, Web 2.
Standards-oriented Web browsers may use plug-ins and software extensions to handle the content and user interactions.
It includes discussions of self-service IT, the long tail of enterprise IT demand, and many other consequences of the Web 2. A third important part of Web 2. The social Web consists of a number of online tools and platforms where people share their perspectives, opinions, thoughts and experiences.
As such, the end user is not only a user of the application but also a participant by:. The popularity of the term Web 2. For example, in the Talis white paper "Library 2. Blogs, wikis and RSS are often held up as exemplary manifestations of Web 2. A reader of a blog or a wiki is provided with tools to add a comment or even, in the case of the wiki, to edit the content.
Talis believes that Library 2. Here, Miller links Web 2. Many of the other proponents of new 2. The meaning of Web 2.
For example, some use Web 2. There is a debate over the use of Web 2. A growing number of marketers are using Web 2. Companies can use Web 2.
Among other things, company employees have created wikis—Websites that allow users to add, delete, and edit content — to list answers to frequently asked questions about each product, and consumers have added significant contributions.
Another marketing Web 2. Saturating media hubs—like The New York Times , PC Magazine and Business Week — with links to popular new Web sites and services, is critical to achieving the threshold for mass adoption of those services. In a recent article for Bank Technology News, Shane Kite describes how Citigroup's Global Transaction Services unit monitors social media outlets to address customer issues and improve products.
In tourism industries, social media is an effective channel to attract travellers and promote tourism products and services by engaging with customers.
The brand of tourist destinations can be built through marketing campaigns on social media and by engaging with customers. The campaign used social media platforms, for example, Facebook and Twitter, to promote this competition, and requested the participants to share experiences, pictures and videos on social media platforms.
The tourism organisation can earn brand royalty from interactive marketing campaigns on social media with engaging passive communication tactics. Korean Airline Tour created and maintained a relationship with customers by using Facebook for individual communication purposes. Travel 2. The travel 2. For example, TripAdvisor is an online travel community which enables user to rate and share autonomously their reviews and feedback on hotels and tourist destinations.
Non pre-associate users can interact socially and communicate through discussion forums on TripAdvisor. Social media, especially Travel 2. The user-generated content on social media tools have a significant impact on travelers choices and organisation preferences. User-generated content became a vital tool for helping a number of travelers manage their international travels, especially for first time visitors.
In addition, an autonomous review feature on social media would help travelers reduce risks and uncertainties before the purchasing stages. Therefore, the organisations should develop strategic plans to handle and manage the negative feedback on social media.
Although the user-generated content and rating systems on social media are out of a business' controls, the business can monitor those conversations and participate in communities to enhance customer loyalty and maintain customer relationships. For example, blogs give students a public space to interact with one another and the content of the class. A study by researchers at the University of Wisconsin-Madison notes that " This increase could then lead to better communication between researchers and the public, more substantive discussion, and more informed policy decision.
Ajax has prompted the development of Web sites that mimic desktop applications, such as word processing , the spreadsheet , and slide-show presentation. No longer active. They mimic the user experience of desktop operating systems, offering features and applications similar to a PC environment, and are able to run within any modern browser.
However, these so-called "operating systems" do not directly control the hardware on the client's computer. Numerous web-based application services appeared during the dot-com bubble of — and then vanished, having failed to gain a critical mass of customers. Many regard syndication of site content as a Web 2. Syndication uses standardized protocols to permit end-users to make use of a site's data in another context such as another Web site, a browser plugin , or a separate desktop application.
Observers have started to refer to these technologies as Web feeds. Specialized protocols such as FOAF and XFN both for social networking extend the functionality of sites and permit end-users to interact without centralized Web sites.
Servers often expose proprietary Application programming interfaces API , but standard APIs for example, for posting to a blog or notifying a blog update have also come into use. Critics of the term claim that "Web 2. Second, many of the ideas of Web 2. Scribe Business Administration is a leading young business in marketing, communication and press relation at your services. With a past experience in graphic design proficiency, the team is waiting to boost your business on the market undoubtedly.
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Reliable and very secure with a good interest rate. The property is about 12 minutes drive from The analysis was brief and considered almost none of the arguments laid out above. In honing in on the commerciality of the use, the court found that the purpose and character of the use weighed against a fair use finding. For instance, in Wall Data Inc. More recently, in Disney Enterprises, Inc.
VidAngel, Inc. For each user, VidAngel would purchase a physical DVD on behalf of the user, which VidAngel then copied, edited and streamed to the user online. VidAngel conceded that its use was commercial, and the court did not consider the use to be transformative. Like with Wall Data , the streams were provided for videos with known copyright owners who themselves license rights to competing streaming services.
One way these cases are distinguished is just that the issue was not raised; except for ReDigi where the issue was only obliquely argued , first sale and the purpose and character assessment were not raised by the litigants or addressed by the court. The argument was not presented. Another, more significant distinguishing factor is that all three cases involved commercial uses, both in the specific application and in connection with a broader, functioning market place for the works used.
This brings us to the second characteristic of CDL that we believe tilts the first factor analysis decidedly in favor of fair use: Libraries engaging in CDL are doing so for non-commercial research and learning purposes. Unlike commercial resale or streaming markets, library use of CDL is non-commercial and designed to promote public benefits by facilitating research and learning. Libraries engaging in CDL, as we envision it, will not generate monetary profit. Given the costs of digitizing, building and maintaining the technical infrastructure necessary to lending digitally and controlling physical copies, and personnel time used to restrict print copies when its digital equivalent is circulating, libraries may spend considerable sums with no compensation.
To be sure, libraries and their users would stand to benefit from CDL. We would not propose it if they did not. But under the CDL model we envision, libraries have already paid the customary price, and CDL limits access to a work to one person at a time.
Further, when 20 th century books are in question, no market has emerged for digital access to the majority of these books, meaning that no digital access would otherwise be possible. Libraries engaging in CDL are doing so to enable broad availability of knowledge for the purpose of promoting research, scholarship and learning. These are uses specifically mentioned as examples of fair use by Congress in the statute, [78] and are at the core of the constitutional purpose of the copyright system.
Library lending is a critical conduit for those activities, which courts have recognized. For example, in a case before the U. In summary, we view the purpose and character of the use for CDL to be favored because the purpose is aligned with the principles of another statutory exception section , while the use itself is temporary, non-commercial and leading to important public benefits in research and learning.
Our goal with this paper is to give libraries and their counsel as complete a view of the law regarding CDL as we can. The first is, despite the strong trend found in the above cases favoring library and educational use, there are a limited number of library fair use cases from which to draw guidance.
These include some cases involving academic or scholarly uses in which courts have held that the first factor did not favor the use. This is a general caution, and could be said for any new application of fair use to library practice. The second and more considerable point of concern is that CDL is not clearly transformative. In recent years, U. In mass digitization cases involving books— Google Books and HathiTrust , for example—courts have largely focused on how those projects enabled transformative access to information by enabling text search, as well as research uses such as text and data mining.
However, even if CDL is not transformative, [87] we believe the purpose and character still strongly weighs in favor of a fair use finding. The court in Swatch similarly expressed doubts about whether the use was transformative, but nevertheless concluded that the public benefit and information dissemination purposes—aligned as the Court noted with SEC regulatory guidance—was a favored purpose.
HathiTrust is particularly instructive for CDL because like HathiTrust, the use here is aligned with other Congressionally-sanctioned information policies, the use is non-commercial, and it is aimed at opening up access to readers for research and learning purposes.
In cases such as with CDL, where the purpose of the use so well aligns with the overall purposes of the Act, transformative use considerations should not override. Use in those cases risks undercutting the economic incentives that are at the core of the copyright system by allowing others to scoop the initial publication of the work. Similarly, courts have found that use of out-of-print works that are unavailable in the marketplace would tend to weigh in favor of the use under the second factor.
For CDL, application of the second factor in the abstract is difficult. Library collections include a wide variety of works for which CDL may be used, some of which will fare more or less favorably under the second factor. Given the limited usefulness of this factor in the overall fair use assessment, we do not believe the nature of the work should be determinative.
Nevertheless, some considerations about the nature of the selected works may be helpful for libraries that seek to bolster their overall fair use assertion. These considerations may include applying CDL to works that are out of print, either in print or digitally; of a scholarly or scientific nature, as opposed to popular literature or fiction works; compilations of data e.
We offer some operational suggestions about these practices in Part IV of this paper. However, courts have clearly tied the assessment under the third factor to the purpose and character assessment. For CDL, the purpose of the use is to enable full-text access to books, so readers can read them online. Arguably, that means the entire work is used.
However, CDL does place limits on use of the work; it imposes temporal limits on use loans are not indefinite and calls for technological controls on copying that limit further dissemination. These limitations are in many ways similar, for example, to situations in which search engines have been found to have made fair use with low-resolution images. The fourth fair use factor is tied closely together with the first factor analysis. In conducting the analysis, courts have looked at not only market effects for the particular work in the format used, but also at effects on the much broader set of potential licensing markets that may have been usurped by the use.
Courts have acknowledged that examining licensing markets introduces a degree of circularity; in theory the fact that a use was made at all indicates a potential licensing market that the rightsholder could have exploited.
For CDL, the primary reason why the market harm factor weighs in favor of the use is because the market effect of CDL is nearly identical to the market effect already favored under the first sale doctrine. For the works at issue, the controls that CDL requires ensure that the use closely matches the market effect that the rightsholder was already compensated for upon first sale of the book.
For example, the Copyright Act does not grant a copyright owner the right to control negative commentary or criticism of its work, [] uses favored under the first factor. If criticism results in lost sales, is not the type of harm recognized under the fourth fair use factor. The first sale doctrine itself is intended as a limit on the scope of markets that rightsholders can control.
Thus, CDL does not negatively affect the market any differently than the uses already permitted by libraries when lending books physically. A library that owns a single copy of a book could only lend a single copy out at a time.
If the digital version is checked out and viewed by a patron, the corresponding physical version must be restricted and controlled e. Likewise, mimicking the restraints on physical materials in which only one user can typically check out and read a physical book at a time, only one user would be permitted to check out and read the digital book at any given time.
From a single transaction standpoint, the library making the CDL use must still have acquired legitimately the book in physical format before lending. What CDL does is allow a change of the format in which that lend is made.
When the digital copy is being read by a patron, however, the physical copy is restricted and unavailable for consultation, so there is no situation in which the library is getting use of two copies for the price of one.
Similarly, for the aggregated effect question—what if everyone did it? We acknowledge that these controls do not address the full range of market concerns raised by others. In the context of broader debates about digital first sale, the primary objections raised by rightsholders were related to market disruption.
The two primary collections of these objections are the U. Copyright Office report addressing digital first sale, and a similar and updated U. O report. We address each below. Ultimately, we conclude that none should pose an obstacle to well-designed controlled digital lending system.
While we do not believe libraries implementing CDL must respond to these concerns, a conservative CDL system may take these factors into account. We identify ways to do so in Part IV of this paper. For loans out to patrons in other locations, interlibrary loan adds an additional layer of delay. For digital transactions factors such as time and space no longer act as major impediments to transfer. The question is, should they, in order to more closely mimic the physical lending environment that exists with print?
By its terms, the Copyright Act does not grant rightsholders a right to transactional friction, nor does the Copyright Act freeze in time the historical conditions under which copies are bought and sold or lent.
Amazon has dramatically altered the used book market, removing barriers to the flow of those books. Such advancements have already occurred; advances in interlibrary loan services such as RapidILL and BorrowDirect mean books now move quickly and seamlessly between libraries in dramatically less time than in the s when the Copyright Act was enacted. But those markets do not belong to the copyright holder. We do acknowledge, however, that the first sale doctrine was developed by the courts and embraced by Congress in the context of a physical environment where transaction costs were high.
With that argument is the implicit suggestion that, like the friction discussed above, degradation was implicitly calculated into the balance of rights Congress arrived at when codifying the first sale doctrine. For one, this argument fails to appreciate that for long-term digital copies do degrade and require significant effort to maintain.
Systems need to be migrated periodically, and platforms updated to interact with current technology. HathiTrust, for example, reports replacing storage hardware every 3—4 years. So, the stored digital copy used for lending does degrade over time and in reaction to use, just in ways that are not entirely analogous to the more gradual and straightforward entropy of the physical book. Those facts aside, to our knowledge no court has ever tied the application of the first sale doctrine to a required, planned degradation of the format in which the copy exists.
Since the first recognition of the first sale doctrine over years ago, the advent of acid-free paper, improved binding technology, media such as microform and magnetic tape and other innovations have extended the life of physical works dramatically.
Driven in part by a lack of market availability, libraries repair, strengthen, and rebind many books in their collections, in large part because replacements cannot be purchased. The idea has no connection to the statutory or judicial development of the rationale for first sale, and it fails to account for how digital storage and transmission do encounter degradation that is consistent with if not more severe than physical degradation. Finally, the third market-harm concern is that digital distribution raises greatly increased risks of piracy.
In its report addressing digital first sale, the U. Courts have taken security concerns seriously. HathiTrust , for example, the Second Circuit gave considerable attention to the security precautions HathiTrust had put into place for the digitized volumes in its collection. Digital distribution of copyrighted works is exceedingly common. For CDL, we see the risks as no greater than any other digital transaction. Publishers regularly license electronic books for digital distribution without any discernable market premium added to account for the additional risk of impermissible downstream copying.
For libraries, security issues should be taken seriously, which they are by design through the six CDL controls described above. Like the approach taken by HathiTrust, the repository of digital copies must be secured from unintended access.
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