A Manifesto on WIPO and the Future of Intellectual Property

In this Manifesto, Professor Boyle claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them

Online Media Piracy: Convergence, Culture, and the Problem of Media Change

This thesis proposes that there is a symbiotic relationship between the emergence of online media piracy and the industrial, economic and legal changes that have shaped contemporary popular media in the early 21st century. The Internet is at the heart of most recent transformations of the popular media environment, such as the emergence of video-on-demand formats for film and television consumption and the impact this has had on the nature of those media forms. This thesis discusses the powerful role played by online media piracy in shaping these developments, both through changing the expectations of consumers, and the options that are available for distributors of media content. As well as exploring the diverse forms and practices of online media piracy today, this thesis also explores theories of media change, considering how we might understand such piracy as a force underpinning media change, and how the changes it has helped shape might be placed in a broader historical context. To that end, the history and impact of online media piracy are considered alongside other examples, such as the arrival of video recording devices and the expansion of cable television in the 1980s and 90s, and the significance of international trade deals impacting access to media via “geoblocking” and other techniques of access management. Finally, this thesis also examines debates around copyright, and the potential political significance of piracy as a tool for accessing media and culture, viewing online media piracy as a crucial practice appearing at a nexus of industrial and popular interests, tied to technological, economic and legal developments, and to changing consumer behavior and expectations

Musical Property Rights Regimes in Tanzania and Kenya after TRIPS

Despite the passage of relatively uniform copyright legislation throughout East Africa and the formation of regional organizations meant to further standardize these laws, the protection of musical works in East African creative industries has varied significantly within and between Tanzania and Kenya. While enforcement remains weak throughout East Africa, each country has also taken a different path in the implementation of copyright policies meant to support musical property rights. These different trajectories can be explained, in large part, by the particular political, social and economic paths taken by East African countries toward the neoliberal present

The Case for CAPSL: Architectural Solutions to Licensing and Distribution in Emerging Music Markets

Compulsory licensing in music has paved the way for a limited class of new noninteractive services. However, innovation and competition are stifled in the field of interactive or otherwise novel services due to high transaction costs inherent in direct licensing. While the creation of a new compulsory license available to a wider array of services may facilitate growth and diversity in new markets, it is unlikely that the legislative process can deliver a new compulsory regime in time to serve relevant interests. Furthermore, the risk exists that legislation written in response to contemporary technology will likely fail to recognize the diversity within the music industry, and therefore will underserve both artists and potential licensees. As such, this brief argues for the creation and adoption of a new standardized protocol for artists and labels to announce the availability of new content with attached standardized licensing terms for automated integration into the catalogs of new or existing digital music services. Such a protocol would allow for automated systems of pricing, distribution, and tracking to reduce transaction costs, increase market transparency, and commodify user participation

Hail to the thief: a tribute to Kazaa

THIS PAPER CONSIDERS THE ONGOING LITIGATION against the peer-to-peer network KaZaA. Record companies and Hollywood studios have faced jurisdictional and legal problems in suing this network for copyright infringement. As Wired Magazine observes: “The servers are in Denmark. The software is in Estonia. The domain is registered Down Under, the corporation on a tiny island in the South Pacific. The users—60 million of them—are everywhere around the world.” In frustration, copyright owners have launched copyright actions against intermediaries—like against Internet Service Providers such as Verizon. They have also embarked on filing suits against individual users of file-sharing programs. In addition, copyright owners have called for domestic- and international-law reform with respect to digital copyright. The Senate Committee on Government Affairs of the United States Congress has reviewed the controversial use of subpoenas in suits against users of file-sharing peer-to-peer networks. The United States has encouraged other countries to adopt provisions of the Digital Millennium Copyright Act 1998 in bilateral and regional free-trade agreements

The global cultural commons after Cancun: identity, diversity and citizenship

The cultural politics of global trade is a new and unexplored terrain because the public domain of culture has long been associated with national sovereignty. States everywhere have invested heavily in national identity. But in an age of globalization, culture and sovereignty have become more complex propositions, subject to global pressures and national constraints. This paper argues three main points. First, new information technologies increasingly destabilize traditional private sector models for disseminating culture. At the same time, international legal rules have become more restrictive with respect to investment and national treatment, two areas at the heart of cultural policy. Second, Doha has significant implications for the future of the cultural commons. Ongoing negotiations around TRIPS, TRIMS, GATS and dispute settlement will impose new restrictions on public authorities who wish to appropriate culture for a variety of public and private ends. Finally, there is a growing backlash against the WTO’s trade agenda for broadening and deepening disciplines in these areas. These issues have become highly politicized and fractious, and are bound to vex future rounds as the global south, led by Brazil, India and China flexes its diplomatic muscle

Peers, pirates, and persuasion : rhetoric in the peer-to-peer debates

x, 173 p. : il. ; 23 cm.Libro ElectrónicoPeers, Pirates, and Persuasion: Rhetoric in the Peer-to-Peer Debates investigates the role of rhetoric in shaping public perceptions about a novel technology: peer-to-peer file-sharing networks. While broadband Internet services now allow speedy transfers of complex media files, Americans face real uncertainty about whether peer-to-peer file sharing is or should be legal. John Logie analyzes the public arguments growing out of more than five years of debate sparked by the advent of Napster, the first widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer file transfer utilities like Limewire, KaZaA, and BitTorrent. With Peers, Pirates, and Persuasion, Logie joins the likes of Lawrence Lessig, Siva Vaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulfills its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy. Logie examines metaphoric frames—warfare, theft, piracy, sharing, and hacking, for example—that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. Peers, Pirates, and Persuasion identifies the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court’s ruling in the “Grokster” case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement. The Grokster case, Logie contends, has already produced the chilling effects that will stifle the innovative spirit at the heart of the Internet and networked communities.Illustrations Acknowledgments 1 Introduction: The Cat Is Out of the Bag 2 Hackers, Crackers, and the Criminalization of Peer-to-Peer Technologies 3 The Positioning of Peer-to-Peer Transfers as Theft 4 Peer-to-Peer Technologies as Piracy 5 The Problem of “Sharing” in Digital Environments 6 Peer-to-Peer as Combat 7 Conclusion: The Cat Came Back Appendix: On Images and Permissions Works Cited Inde

The economic impact of consumer copyright exceptions: a literature review

Advances in the technology available to consumers have fundamentally altered the relationship between authors, rights-holders and consumers with regard to copyrighted creative works. The copyright system in the UK is undergoing a gradual process of reform to reflect this new reality. In 2006, Andrew Gowers, a former editor of the Financial Times, presented a report into the state of intellectual property in the U.K. Among his policy recommendations were three proposed changes to the copyright exceptions system which alter the way in which consumers can interact with copyrighted works. Gowers proposed introducing copyright exceptions for: - Format shifting, for instance the transfer of a piece of music from a CD to an mp3 player. - Parody, caricature and pastiche. - Creative, transformative or derivative works. In our context, this definition includes user-generated content. Our review examines the existing literature on the possible economic effects of these proposed changes to the copyright exceptions system, specifically whether the introduction of these proposed changes would cause economic damage to rights-holders. Whilst the economic issues surrounding copyright infringement via file-sharing and commercial "mash-ups" are interesting and important, our review is focused solely on copyright

Do We Need to Protect Intellectual Property Rights?

Strict protection of IPR can have a negative effect on economic development. Regression of economic growth on these indices produces conventional results (positive effect of stricter protection of IPR on growth) only if indices of institutional capacity (government effectiveness, control over corruption) are not included into the right hand side. If they are included, they kill the effect of IPR protection (because they are very much correlated with the IPR protection indices), so it is hardly possible to separate the effects of stricter IPR protection from the impact of the general strength of institutions. The same procedure was used to evaluate the impact of the IPR protection regime on the average share of R&D expenditure in GDP and the results were largely the same: without control for the institutional capacity, IPR protection seems to stimulate R&D, but after controlling for the institutional indices the effect disappears. There is also a strong negative effect of stricter regime of protection of IPR on the proliferation of the most crucial technology of recent decades – computers. The increase in the total number of PCs in 1995-2005, after controlling for the level of development, the size of the country and the institutional index, is negatively correlated with the IPR protection index. If piracy of intellectual products allows to overcome the negative impact of IPR protection on the dissemination of new technologies, it is reasonable to talk not about costs of piracy, but about the benefits of piracy and the costs of stricter IPR protection.

Dynamic analysis of an institutional conflict within the music industry

Peer-to-peer technology has made massive music piracy possible, which, in turn, has arguably had a significant economic impact on the recording industry. Record labels have responded to online piracy with litigation and are also considering self-help measures. It is currently not obvious whether or not these counter-piracy strategies will ultimately stifle online file sharing in the long term. With this paper we attempt to add to our understanding of the conflict within the institution that is the commercial music industry. We conduct an institutional analysis of the industry in transition and extend the traditional pattern modeling methodology with a formal resource-based model of a representative online music network. The model accounts for complex causal interactions between resources, private provision of common goods, free riding and membership dynamics. The numerical implementation of the model is the basis of a decision support system, which is used in a series of computer experiments that emulate anti-piracy scenarios. We show that a peer-to-peer system may be quite resilient to outside disturbances. The experiments also demonstrate that policies rank differently in their effectiveness based on a selected yardstick.Peer-to-peer (P2P) networks; Online File Sharing; Copyright; Simulation