Law and Practice
Chapter 8: AUTHENTICATION MARKING OF DIGITAL PRODUCTS
This chapter puts forward the proposition that a legally protectable ‘authentication mark’ is associable with digital products. The proposition builds on the notion that an authentic digital product is one reproduced or distributed with legitimate authority or approval. The digital watermarks and digital signatures currently used in digital products are, it is suggested, forms of authentication marks. They are a means of authenticating digital content through embedded ownership and other data, which can be used to detect and prevent unauthorized reproduction and distribution. Thus they constitute a turn away from human sensate marks to machine sensate marks as a basis for bipolar distinction, insofar as they distinguish lawfully produced digital content from unauthorized or infringing copies. Key words: digital product; authentication mark,
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