Fighting the War on File Sharing / Edition 1by Aernout Schmidt, Wilfred Dolfsma, Wim Keuvelaar
Pub. Date: 05/10/2007
Publisher: T.M.C. Asser Press
Fighting the War on File Sharing aims at a multi-faceted understanding of why peer-to-peer services currently fail to gain their full potential in our society. The analysis focuses on music-file sharing. Three parts of the book ('The Morality of Regulation by Architecture', 'The Economics of Peer-to-Peer in Music' and 'Intellectual Property Rights for Music File… See more details below
Fighting the War on File Sharing aims at a multi-faceted understanding of why peer-to-peer services currently fail to gain their full potential in our society. The analysis focuses on music-file sharing. Three parts of the book ('The Morality of Regulation by Architecture', 'The Economics of Peer-to-Peer in Music' and 'Intellectual Property Rights for Music File Sharing') investigate the positions and opinions that individual disciplines can offer. As these analyses yield partial solutions, the final part of the book provides an institutional framework and applies it to produce new and crisp results on a tough, otherwise almost comprehensively researched subject. The framework recognizes the influence of outstanding work from law and information technology (Lessig), political anthropology (Douglas, Geertz, Smits), new institutional economics (Coase, North, Greif) and jurisprudence (Fuller, Bobbitt, Tamanaha). Its application allows a glimpse of veritable multidisciplinary co-operation concerning the perplexities of regulating the regularities in our social behaviour.
Table of Contents
Part I. Preliminaries: 1. Peer-to-peer problems; 2. The world according to Lessig; 3. Cultural theory; 4. The morality of regulation by architecture; 5. Structure; Part II. The Morality of Regulation by Architecture: 6. IT as a relevant discipline; 7. Asking a question; 8. Regulation by design and deployment; 9. The morality of regulation by architecture; Part III. The Economics of P2P in Music: 10. Introduction; 11. Markets for information goods; 12. Some economics of intellectual property rights; 13. Market standards, business models and future music; 14. Three models assessed; 15. Products and prices: welfare implications; 16. Conclusions; Part IV. INTELLECTUAL Property Rights for Music File Sharing: 17. Preface; 18. Approach; 19. The WIPO treaties; 20. The application of copyright and neighbouring rights; 21. The application of the restriction of private copying; 22. The exercise of copyright and neighbouring rights; 23. The enforcement of copyright and related rights; 24. Digital rights management; 25. Summary; 26. Postscript; Part V. Understanding the War: 27. Introduction; 28. Framing for multidisciplinary analysis; 29. Institutional analysis of the war on music-file sharing; 30. Recommendations and conclusions.
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