Page 272 - (ISC)² CISSP Certified Information Systems Security Professional Official Study Guide
P. 272

material.

                    Any intermediate copies must not ordinarily be accessible to
                    anyone other than anticipated recipients and must not be retained

                    for longer than reasonably necessary.

                    The material must be transmitted with no modification to its
                    content.

               The DMCA also exempts activities of service providers related to
               system caching, search engines, and the storage of information on a
               network by individual users. However, in those cases, the service

               provider must take prompt action to remove copyrighted materials
               upon notification of the infringement.

               Congress also included provisions in the DMCA that allow the creation
               of backup copies of computer software and any maintenance, testing,
               or routine usage activities that require software duplication. These
               provisions apply only if the software is licensed for use on a particular
               computer, the usage is in compliance with the license agreement, and

               any such copies are immediately deleted when no longer required for a
               permitted activity.

               Finally, the DMCA spells out the application of copyright law
               principles to the streaming of audio and/or video content over the
               internet. The DMCA states that these uses are to be treated as “eligible
               nonsubscription transmissions.”


               Trademarks

               Copyright laws are used to protect creative works; there is also
               protection for trademarks, which are words, slogans, and logos used

               to identify a company and its products or services. For example, a
               business might obtain a copyright on its sales brochure to ensure that
               competitors can’t duplicate its sales materials. That same business
               might also seek to obtain trademark protection for its company name
               and the names of specific products and services that it offers to its

               clients.
               The main objective of trademark protection is to avoid confusion in

               the marketplace while protecting the intellectual property rights of
   267   268   269   270   271   272   273   274   275   276   277