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[DMCA-Activists] Jessica Litman on Licensing and P2P Distribution
From: |
Seth Johnson |
Subject: |
[DMCA-Activists] Jessica Litman on Licensing and P2P Distribution |
Date: |
Fri, 28 Nov 2003 15:58:31 -0500 |
(Forwarded from Pho list. Jessica Litman's analysis is getting closer
and closer to directly acknowledging the intrinsic freedom of
information as such [here, she focuses on the dynamics of sharing
information via communications technology]. -- Seth)
-----Original Message-----
From: "James S. Tyre" <address@hidden>
Date: Fri, 28 Nov 2003 11:44:42 -0800
Subject: pho: Jessica Litman on Licensing and P2P Distribution
Phoster and Law Professor Jessica Litman (Hi, Jessica) has weighed in
with "Sharing and Stealing," an early draft of a paper discussing
licensing and P2P distribution. Jessica discusses the work that
precedes her (including that of Neil Netanel and Terry Fisher, both
discussed here at length), offers her own take. Definitely worth
reading for those seriously interested in the field - not that any
Phosters would be. '-)
Full (draft) paper available for free download at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=472141. Sayeth the
Abstract:
Abstract:
The purpose of copyright is to encourage the creation and mass
dissemination of a wide variety of works. Until recently, most means
of mass dissemination required a significant capital investment. The
lion's share of the economic proceeds of copyrights were therefore
channeled to publishers and distributors, and the law was designed to
facilitate that. Digital distribution invites us to reconsider all of
the assumptions underlying that model. We are still in the early
history of the networked digital environment, but already we've seen
experiments with both direct and consumer-to-consumer distribution of
works of authorship. One remarkable example of the difference consumer-
to-consumer dissemination can make is seen in the astonishing
information space that has grown up on the world wide web. The
Internet has transformed information and the way we interact with it
by creating an easily accessible, dynamic, shared information space.
Its success derives from the fact that information sharing on the Web
is almost frictionless; individuals are free to post information they
learned from others without having to secure their permissions. This
paper proposes that we look for some of the answers to the vexing
problem of unauthorized exchange of music files on the Internet in the
wisdom intellectual property law has accumulated about the protection
and distribution of factual information. In particular, it analyzes
the digital information resource that has developed on the Internet,
and suggests that what we should be trying to achieve is an online
musical smorgasbord of comparable breadth and variety. It proposes
that we adopt a legal architecture that encourages but does not compel
copyright owners to make their works available for widespread sharing
over digital networks, and that we incorporate into that architecture
a payment mechanism, based on a blanket or collective license,
designed to compensate creators and to bypass unnecessary
intermediaries.
--------------------------------------------------------------------
James S. Tyre mailto:address@hidden
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
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