p2p challenges law (and vice versa) Charles Nesson October 2, 2004

UNIVAC

UNIVAC tube stacks

Berkman Center for Internet & Society

Nicholas Negroponte

Jonathan Zittrain

John Perry Barlow

Thomas Jefferson

Congress has the power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;

1790 “fourteen years” maybe x2

to 42 (1831)

56 (1909)

59 (1962)

61 (1965)

63 (1967)

64 (1968)

65 (1969)

66 (1970)

67 (1971)

68 (1972)

70 (1974)

75 (1976)

95 (1998)

Sonny Bono Copyright Term Extension Act

aka

Mickey Mouse Protection Act

Larry Lessig

Eric Eldred

Shawn Fanning

The Napster

Sony Betamax Decision the sale of copying equipment, like the sale of other articles of commerce, does not constitute contributory infringement if the product is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses. U.S. Supreme Court, 1984

iMesh Gnutella Grokster Kazaa eDonkey WinMX Piolet Blubster

Defendants provide software that communicates across networks that are entirely outside Defendants control. … The doctrine of vicarious infringement does not contemplate liability based upon the fact that a product could be made such that it is less susceptible to unlawful use, where no control over the user of the product exists. … METRO-GOLDWYN-MAYER STUDIOS, INC., et al., v. GROKSTER, U.S. District Court, April 2003

We live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation.

The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well- established distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. METRO-GOLDWYN-MAYER STUDIOS, INC.; v. GROKSTER U.S. Ninth Circuit Court of Appeals, August 19,2004

Induce Whoever... offers to the public... any product or service... that is a cause of individuals engaging in infringing public dissemination of copyrighted works shall be liable as an infringer where such activity: - relies on infringing public dissemination for its commercial viability;... or - principally relies on infringing public dissemination to attract individuals to the product or service.

iTunes Store

The Battlefield KaZaA AND OTHER P2P NETWORKS iTunes AND OTHER LEGIT SOURCES PRICE EASE FLEXIBILITY OF USE RICHNESS OF CHOICE LEGAL RISK SENSE OF JUSTICE QUALITY OF SERVICE