Marcus P. Zillman, M.S., A.M.H.A. Author/Speaker/Consultant

<$BlogRSDUrl$> Marcus P. Zillman, M.S., A.M.H.A. Author/Speaker/Consultant

Marcus P. Zillman, M.S., A.M.H.A. Author/Speaker/Consultant
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Tuesday, March 01, 2005

P2P and the Future of Private Copying by Peter K. Yu, Michigan State University College of Law
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=578568

MSU Legal Studies Research Paper No. 02-08
University of Colorado Law Review, Vol. 76, 2005

Abstract:
Since the beginning of the P2P file sharing controversy, commentators have discussed extensively the radical expansion of copyright law, the industry's controversial enforcement tactics, the need for new legislative and business models, the changing social norms, and the evolving interplay of politics and market conditions. Although these discussions have examined in detail the many aspects of the P2P file sharing controversy, none of them focuses on the big picture and explains how these issues fit within the larger P2P file sharing debate. Using a holistic approach, this Article takes on the ambitious task of bringing together existing scholarship while offering some thoughts on the future of private copying. This Article does not seek to offer any new theory or model, which could become obsolete quickly, or even immediately, as digital and P2P technologies advance. Rather, the Article provides guidelines as to how policymakers can craft the "ultimate solution" to the unauthorized copying problem. This Article begins by examining the RIAA's enforcement tactics, developments in copyright law in 2003, and possible challenges the entertainment industry will face in ensuing years. The Article then evaluates critically proposals commentators have put forward to solve the unauthorized copying problem: (1) mass licensing, (2) compulsory licensing, (3) voluntary collective licensing, (4) voluntary contribution, (5) technological protection, (6) copyright law revision, (7) dispute resolution proceeding, and (8) alternative compensation. Acknowledging the short-term and interim nature of many of these proposals, this Article contends that policymakers need to adopt a range of solutions that meet consumer needs while taking into account the Internet's structural resistance and networked feature and the changing social norms in the digital copyright world. This Article concludes by challenging policymakers and commentators to step outside their mental boundaries to rethink the P2P file sharing debate. In the fashion of thought experiments, this Article compares the digital copyright wars to (1) a self-preservation battle between humans and machines, (2) an imaginary World War III, and (3) the conquest of Generation Y. By using these comparisons, this Article demonstrates that policymakers should not focus on legal solutions alone. Instead, they should pay more attention to the market, architecture, and social norms, which play equally important roles in crafting the "ultimate solution" to the unauthorized copying problem. This has been added to Deep Web Research Subject Tracer™ Information Blog.

posted by Marcus Zillman | 4:10 AM

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