Fighting the War on File Sharing

By: Aernout Schmidt, Wilfred Dolfsma, Wim Keuvelaar

Write A Review

Hardcover | 10 May 2007

At a Glance

Hardcover
232 Pages

Dimensions(cm)
24.13 x 15.88 x 1.91

Hardcover

$119.90

or 4 interest-free payments of $29.98 with

Ships in 5 to 7 business days

The explosive growth of the Napster and KaZaA services shows that peer-to-peer file sharing has tremendous appeal in our information society. Nevertheless, current legal and economic practices prevent that these services achieve their full potential. Fighting the War on File Sharing looks into the issue from the perspectives of IT, economics and law and combines the results, pointing out ways how to reduce its escalation and to end the war.

The approach and the solutions reached recognize the influence of outstanding work produced in different disciplines, such as law and information technology (Lessig), political anthropology (Douglas, Geertz, Smits), new institutional economics (Coase, North, Greif) and jurisprudence (Fuller, Bobbitt, Tamanaha).

This book is very important to anyone concerned about how intellectual property law, economics and rhetoric fuel the war on file sharing, and, in general, to everyone interested in the future of the Media Industry on Internet.

Aernout Schmidt and Wim Keuvelaar are both affiliated to elaw@Leiden, Centre for Law in the Information Society at Leiden University. Wilfred Dolfsma is affiliated to the Utrecht School of Economics and to Maastricht University (UNU-MERIT).

This is Volume 14 in the Information Technology and Law (IT&Law) Series

Industry Reviews

'... contains much that is stimulating to read and to be admired. ... represents a valuable contribution to this important debate.' The Journal of E-Commerce, Technology and Communications

Shipping

	Standard Shipping	Express Shipping
Metro postcodes:	$9.99	$14.95
Regional postcodes:	$9.99	$14.95
Rural postcodes:	$9.99	$14.95

Orders over $79.00 qualify for free shipping.

How to return your order

At Booktopia, we offer hassle-free returns in accordance with our returns policy. If you wish to return an item, please get in touch with Booktopia Customer Care.

Additional postage charges may be applicable.

Defective items

If there is a problem with any of the items received for your order then the Booktopia Customer Care team is ready to assist you.

For more info please visit our Help Centre.

You Can Find This Book In

Non-Fiction Law Jurisprudence & General Issues Laws of Specific Jurisdictions International Law Public International Law International Economic & Trade Law

Preface	p. V
Summary of contents	p. VII
Preliminaries	p. 1
Peer-to-Peer Problems	p. 3
The World According to Lessig	p. 5
Cultural and Institutional Theories	p. 6
The Morality of Regulation by Architecture	p. 8
Structure	p. 8
The Morality of Regulation by Architecture	p. 11
IT as a Relevant Discipline	p. 13
Asking a Question	p. 15
Roles in IT practice	p. 16
The story	p. 17
Booting	p. 18
Some history: Moore's law, law, standards	p. 19
The operating system	p. 22
Handles for regulation during boot	p. 24
The desktop	p. 25
As a part to the operating system: policies	p. 26
As a port to applications: stand-alone, client-server, peer-to-peer	p. 26
Two application semantics, four efficiencies (intermezzo)	p. 27
The reference approach	p. 28
The convention approach	p. 30
Application characteristics by convention	p. 31
Asking a question (summing up)	p. 34
Regulation by Design and Deployment	p. 35
Application design methodology	p. 35
The ITdesign framework Sections	p. 37
The ITdesign framework Chapters	p. 37
Remodelling Napster	p. 38
Regulation by design and deployment (summing up)	p. 48
The Morality of Regulation by Architecture	p. 48
Eight conditions	p. 49
Moral challenges for regulation by architecture	p. 52
Five questions	p. 53
Is regulation by architecture a one-way projection of authority?	p. 53
Who can make legitimate regulation by architecture?	p. 54
What are the institutional roles?	p. 55
What are the role moralities involved?	p. 56
How is interaction placed in regulation by architecture and its administration?	p. 56
Basic assumptions on the morality of regulators by architecture	p. 57
The morality of regulation by architecture	p. 57
Morality of duty (M1)	p. 58
Morality of aspiration (M2)	p. 62
The Economics of P2P in Music	p. 63
Introduction	p. 65
Markets for Information Goods	p. 67
Some Economics of Intellectual Property Rights	p. 71
The music industry: digitisation	p. 72
Market Standards, Business Models and Future Music	p. 77
Three Models Assessed	p. 85
Products & Prices: Welfare Implications	p. 88
Conclusions	p. 92
Intellectual Property Rights for Music File Sharing	p. 93
Preface	p. 95
Approach	p. 95
Copyright, neighbouring rights and file sharing	p. 95
Problem definition	p. 96
Context	p. 97
Restrictions to the research project	p. 98
Research goal	p. 98
Plan of work	p. 98
The WIPO Treaties	p. 99
Introduction	p. 99
Exploitation rights	p. 99
The right of reproduction	p. 99
The right of distribution	p. 100
The right of rental	p. 100
The right of communication and making available to the public	p. 101
Limitations	p. 102
Exercise and enforcement	p. 102
Technical protection measures	p. 102
The Application of Copyright and Neighbouring Rights	p. 103
Introduction	p. 103
The right of reproduction	p. 103
The right of distribution	p. 105
The right of rental	p. 106
The right of communication and making available to the public	p. 106
New questions and problems	p. 107
The Application of the Restriction of Private Copying	p. 108
Introduction	p. 108
Private copying in Directive 2001/29/EC	p. 108
Private copying according to current law	p. 109
Private copying according to future law	p. 110
New questions and problems	p. 111
The non-commercial criterion	p. 111
A home copying levy on other equipment	p. 112
Determining the amounts of fair contribution and retribution	p. 112
The need for collective administration	p. 113
The Exercise of Copyright and Neighbouring Rights	p. 113
Introduction	p. 113
Individual or collective	p. 113
Exercising musical copyright	p. 114
Exercising neighbouring rights with respect to music	p. 115
New questions and problems	p. 116
Legitimacy of collective administration organizations	p. 116
Increasing importance of competition law	p. 117
Territorial boundaries and (national) collective administration	p. 117
The Enforcement of Copyright and Related Rights	p. 118
Introduction	p. 118
Civil law enforcement	p. 118
Penal law enforcement	p. 118
Directive on measures and procedures to ensure enforcement	p. 119
Liability of software providers	p. 120
Napster	p. 120
Grokster and Streamcast	p. 121
KaZaA	p. 123
New questions and problems	p. 124
Mass infringement and privacy	p. 124
Careful behaviour of software providers	p. 125
Digital Rights Management	p. 126
Introduction	p. 126
The legal framework for digital rights management	p. 126
New questions and problems	p. 128
Position of 'open information' initiatives	p. 128
Accountability, individual normative choice	p. 128
Summary	p. 129
Postscript	p. 129
Understanding the War	p. 133
Introduction	p. 135
Mainstream IT, economic and legal analyses	p. 136
IT	p. 136
Economics	p. 137
The law	p. 141
Preliminary conclusions	p. 145
Framing for Multidisciplinary Analysis	p. 146
War	p. 148
War and peace as a multilevel affair	p. 150
Danger and dirt	p. 151
Cultures	p. 152
Monsters	p. 153
Organizations	p. 155
Domain and jurisdiction-organizations as normative systems	p. 156
Intermezzo: an interpretation of law-system morality	p. 159
Externalities	p. 161
Markets	p. 162
Institutions	p. 163
Multidisciplinary institutional analysis	p. 166
Institutional Analysis of the War on Music-file Sharing	p. 168
Regularities in social behaviour	p. 169
The music industry	p. 169
Sharers	p. 169
Providers	p. 169
Courts	p. 170
Two questions	p. 170
Institutional analysis	p. 171
Collective interests	p. 171
Domains	p. 172
Markets	p. 173
Rule-sets	p. 174
Policies	p. 176
Norm-sets	p. 178
Organizations	p. 179
Individuals	p. 182
(Market) feedback mechanisms	p. 184
Belief-sets	p. 187
The war path	p. 188
Recommendations and Conclusions	p. 190
Institutional understanding	p. 190
Monster, monster domains, monster markets	p. 190
Monster-managements strategies	p. 193
Institutional interpretation	p. 194
The battles over hacked containers: piracy and private use	p. 195
The battle over unprotected containers: sharing	p. 197
Recommendations	p. 202
Conclusions	p. 202
Afterthought	p. 204
References	p. 205
About the authors	p. 213
Table of Contents provided by Ingram. All Rights Reserved.

Fighting the War on File Sharing

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

More in International Economic & Trade Law

U.S. Allies and the Taiwan Strait

Elements in Politics and Society in East Asia

The Law and Policy of the World Trade Organization

5th Edition - Text, Cases, and Materials

International Law

6th Edition

International Trade Law

Public International Law

The Invention of Infinite Growth

How Economists Forgot About the Natural World

International Trade Law

Environmental Leverage in Times of Climate Crisis

Product Standards, Carbon Border Measures and Preferential Trade Agreements

EU Trade and Investment Treaty-Making Post-Lisbon

Moving Beyond Mixity

The Foundations of European Transnational Private Law

The Future of Private Law

Reforming Public Procurement Law

Liber Amicorum in Honour of Sue Arrowsmith

Financial Market Infrastructure and Economic Integration

A WTO, FTAs, and Competition Law Analysis

Hong Kong as an Actor in International Economic Law

Multilateralism, Bilateralism, and Unilateralism

Code of Federal Regulations, Title 15 Commerce and Foreign Trade 0-299, Revised as of January 1, 2025

Code of Federal Regulations, Title 15 Commerce and Foreign Trade

Code of Federal Regulations, Title 15 Commerce and Foreign Trade 300-744, Revised as of January 1, 2025

Code of Federal Regulations, Title 15 Commerce and Foreign Trade

International Trade Law and Global Data Governance

Aligning Perspectives and Practices

Advancing the Method and Practice of Transnational Law

Building Bridges Across Disciplines

The New Law of State Aid and Subsidies

The New Law of State Aid and Subsidies

Trade Restrictions, Sustainable Development and the Law

International and Regional Perspectives

Commercial Insurance Law

Emerging Trends and New Perspectives

International Economic Law in a Developed Korea

Regulating Unmanned Vessels

Emerging Solutions

International Economic Dispute Settlement in Africa

Courts and Arbitral Tribunals as Socio-Legal Actors

This product is categorised by