Intellectual property in the year 2025

Journal of the Copyright Society of the U.S.A.

Volumn 49, Issue 1, 2001, Pages 225-258

  Halbert, Debora ^a  

^a NONE

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EID: 0040515870     PISSN: 08863520     EISSN: None     Source Type: Journal    
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References (145)

1. Copyright Act of 1976, Pub. L. 94-553, 90 Stat. 2541.
2. If one wants to pursue litigation, however, a formal copyright must be filed.
3. While the U.S. was hesitant of the Berne Convention approach to moral rights because U.S. law is much more utilitarian than European law, our negligence in signing the convention also implies that we had not yet fully recognized the importance of international intellectual property protection. We signed the Berne Convention in 1988. PAUL GOLDSTEIN, COPYRIGHT, PATENT, TRADEMARK AND RELATED STATE DOCTRINES: CASES AND MATERIALS ON THE LAW OF INTELLECTUAL PROPERTY 771 (3d ed. 1993).
4. Diamond v. Chakrabarty, 447 U.S. 303 (1980).
5. D.L. GARCIA, THE OTA REPORT ON INTELLECTUAL PROPERTY RIGHTS. INTELLECTUAL PROPERTY RIGHTS IN AN ELECTRONIC AGE: PROCEEDINGS OF THE LIBRARY OF CONGRESS NETWORK ADVISORY COMMITTEE MEETING 10-11 (Apr. 22-24, 1987).
6. The OTA was unable to provide Congress with expert testimony on the impact of the laws it did make at the end of the 90s because the Republicans eliminated it in 1995 as part of the Contract with America. Eliminating OTA illustrates that thinking about the future and the impact of technology were not high priorities for conservative legislators. See Stephen Barr, At Hill Agency, the End Is Near; Technology Unit, First of GOP Targets, to Close Friday, WASH. POST, Sept. 28, 1995, at A01.
7. "In 1980, U.S. companies gained less than three billion dollars in revenues from licensing patents. By 1997, that figure had ballooned to more than ninety billion dollars. Revenues from intellectual properties will continue to expand. IBM, in 1997, was granted 1,724 patents, the most patents of any company in the United States." T. Gary O'Neill, The Impact of Technological Change in the Canada/U.S. Context: Protecting and Exploiting U.S. and Canadian Intellectual Property Abroad on a Global Basis in a Technologically Changing World - A Canadian Perspective, 25 CAN.-U.S. L.J. 109, 109 (1999).
8. GOLDSTEIN, supra note 3, at 771.
9. Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1883) (was source code considered a work of authorship and covered under the Copyright Act?; Whelan v. Jaslow, 797 F.2d 1222 (3d Cir.), cert. denied, 479 U.S. 1031 (1986) (extended the copyright protection beyond the literal elements of the computer program to its user interface); Lotus Dev. Corp. v. Borland Int'l, Inc., 516 U.S. 1167 (1990) (user interface of Lotus 1-2-3 was copyrightable); Computer Assocs. Int'l, Inc. v. Altai, Inc., 775 F.Supp. 544 (E.D.N.Y. 1991) (computer program with the same look and feel, but with completely different code did not violate copyright law).
10. Sheldon Krimsky, The Profit of Scientific Discovery and its Normative Implications, 75 CHI.-KENT. L. REV. 15, 22 (1999).
11. Specifically, see the No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678 (1997). See also the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, Pub. L. No. 106-160, 113 Stat. 1774 (increasing statutory damages for copyright infringement), enacted Dec. 9, 1999.
12. Specifically, see the No Electronic Theft (NET) Act, Pub. L. No. 105-147, 111 Stat. 2678 (1997). See also the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, Pub. L. No. 106-160, 113 Stat. 1774 (increasing statutory damages for copyright infringement), enacted Dec. 9, 1999.
13. Debora Halbert, Discourses of Danger and the Computer Hacker, 13 INFO. SOC'Y 361-74 (1997).
14. Sonny Bono Copyright Term Extension Act, tit. I, Pub. L. No. 105-298, 112 Stat. 2827 (1998) (amending chapter 3, title 17, United States Code, to extend the term of copyright protection for most works to life plus seventy years)
15. Specifically, see NAFTA, the Trade Related Intellectual Property (TRIPs) Agreement developed during the Uruguay Round of the GATT.
16. Digital Millennium Copyright Act, tit. IV, Pub. L. No. 105-304, 112 Stat. 2860, 2887 (1998) (amending § 108, § 112, § 114, ch. 7 and ch. 8, title 17, United States Code). For a critique of this law see Jay Dratler, The Digital Millennium Copyright Act: Did Congress Lay an Egg? (Paper presented at The Second Annual Conference on Intellectual Property Law and Policy, The Center for Intellectual Property Law and Technology, University of Akron, Mar.13, 2000 (on file with author).
17. Digital Millennium Copyright Act, tit. IV, Pub. L. No. 105-304, 112 Stat. 2860, 2887 (1998) (amending § 108, § 112, § 114, ch. 7 and ch. 8, title 17, United States Code). For a critique of this law see Jay Dratler, The Digital Millennium Copyright Act: Did Congress Lay an Egg? (Paper presented at The Second Annual Conference on Intellectual Property Law and Policy, The Center for Intellectual Property Law and Technology, University of Akron, Mar.13, 2000 (on file with author).
18. Clive Cookson, The Human Genome: Surprise at Speed of the Robot Code Crackers the Technology, FIN. TIMES (LONDON), June 27, 2000, at 15.
19. Rebecca S. Eisenberg, Genes, Patents, and Product Development, SCIENCE, Aug. 14, 1992, at 903-07.
20. Krimsky, supra note 10, at 26-27.
21. Charles Bremner, Euro-MPs Clear Way for Genetic Patents, THE TIMES, May 13, 1998.
22. Margaret Lock, Genetic Diversity and the Politic of Difference, 75 CHI.-KENT. L. REV. 83, 91 (1999).
23. Eric S. Raymond in his work on Open Source describes the tension between open and closed computer development systems as a tension between the Cathedral and the Bazaar. See ERIC S. RAYMOND, THE CATHEDRAL AND THE BAZAAR: MUSINGS ON LINUX AND OPEN SOURCE BY AN ACCIDENTAL REVOLUTIONARY (1999).
24. The 1998 issue of American Behavioral Scientist outlines futures studies methods in higher education. For an introduction to this issue, see Jim Dator, The Future Lies Behind: Thirty Years of Teaching Futures Studies, 42 AM. BEHAVIORAL SCIENTIST 298 (1998).
25. Wendell Bell, The Possible, the Probable, and the Preferable, 42 AM. BEHAVIORAL SCIENTIST 323 (1998).
26. Id. at 323.
27. Id. at 323.
28. Id. at 328.
29. Overseas Demand for Indian Programmers Soars, DEUTSCHE PRESSE-AGENTUR, Mar. 28, 2000, LEXIS, NEWS Library, ALLNWS File [hereinafter Overseas Demand].
30. Robert Miller, Cultural Diversity at Play: Cricket Festival Reveals Much About Toronto and the Times in Which we Live, OTTAWA CITIZEN, Sept. 26, 1999, at A6.
31. Jill Vardy, IT Sector Given Credit for Growth: UN Suggests 'Geek Power' is Future Economic Engine, NAT'L POST, July 05, 2000, at C8.
32. Information Technology is Key to Big Money in India, Expert Says, DEUTSCHE PRESSE-AGENTUR, Feb. 9, 2000, LEXIS, NEWS Library, ALLNWS File.
33. Vardy, supra note 29, at C8.
34. India Puts Foot Down on Pirated Software: Stomps Compact Discs: Industry's Losses Calculated at $241M Annually, NAT'L POST, Apr. 29, 1999, at C11.
35. Overseas Demand, supra note 27.
36. Brazil to be Tapped as Destination for Software Exports, BBC SUMMARY OF WORLD BROADCASTS AND MONITORING REPORTS, July 14, 1999, LEXIS, NSAMER Library, BBCMIR File; Overseas Demand supra note 27.
37. Brazil to be Tapped as Destination for Software Exports, BBC SUMMARY OF WORLD BROADCASTS AND MONITORING REPORTS, July 14, 1999, LEXIS, NSAMER Library, BBCMIR File; Overseas Demand supra note 27.
38. Electronic Communications Measure to be Proposed in New Delhi, DEUTSCHE PRESSE-AGENTUR, December 9, 1999, LEXIS, NEWS Library, ALLNWS File (arguing that by 2008 India wants to have a fifty billion hardware industry.); Overseas Demand, supra note 27.
39. Electronic Communications Measure to be Proposed in New Delhi, DEUTSCHE PRESSE-AGENTUR, December 9, 1999, LEXIS, NEWS Library, ALLNWS File (arguing that by 2008 India wants to have a fifty billion hardware industry.); Overseas Demand, supra note 27.
40. Overseas Demand, supra note 27.
41. I am indebted to Pat Heggy and his work with Chemical and Mechanical Engineers for this engineering specific application of the intellectual property and technology future.
42. "China realizes that the intellectual property system is a product of a market economy and develops with it proportionately. In the future, intellectual property will occupy an increasingly more important position in the development of world trade." Weiqui Long, Intellectual Property in China, 31 ST. MARY'S L.J. 63, 98 (1999).
43. As a result, spending for research and development [R&D] exceeded 0.8 percent of China's gross domestic product for the first time. CHINA ONLINE, Nov. 22, 2000, LEXIS, NEWS Library, ALLNWS File.
44. Students Turn Indignation over Embassy Bombing into Motivation," BBC SUMMARY OF WORLD BROADCASTS (Xinhua news agency domestic service), May 14, 1999, LEXIS Library, ALLNWS File.
45. Long, supra note 38, at 71.
46. Id. (arguing that China has passed the required legislation necessary to meet the standards established by TRIPs.)
47. Peggy Yeh, Yo, Ho, Ho and a CD-Rom: The Current State of Software Piracy in the Prc, 31 LAW & POL'Y INT'L Bus. 173 (1999) (arguing that while China has developed the laws to protect intellectual property, they are still lacking in areas of intellectual property enforcement).
48. "The real enemy of Jinshan, the Chinese IT company, is not Microsoft but software pirates, at least for the time being, he said [Zhang Xun]. The barrier that hinders the development of China's software industry is not the so-called "hegemony of knowledge," but China's own backward technology and sluggish information product market." Microsoft in China Is Not a "Hegemony of Knowledge, CHINAONLINE, July 7, 1999, LEXIS, NEWS Library, ALLNEWS File.
49. Even at the turn of the century, China was the U.S.'s fourth largest trading partner. See Phar Kim Beng, 'Engaged,' Though Miles Apart, STRAITS TIMES (SINGAPORE), July 21, 2000, at 66.
50. China's 21st Century Trump Card, NIKKEI WEEKLY, June 26, 2000, at 24.
51. "Microsoft isn't alone. More than 50 companies have established bases in and around Beijing. General Electric Co. of the U.S. has revealed plans to consolidate its global electronic medical-equipment research facilities in Beijing, an indication that the zone is becoming an important R&D center in the global research networks of a growing number of multinationals." Id. at 24.
52. China Suffers From Serious Brain Drain: Vice Minister, ASIA PULSE, Mar. 23, 2000, LEXIS, NEWS Library, ALLNEWS File.
53. While there are no statistics which detail how many Chinese remain in the country where they study, unofficial estimates are about one-third. See Wendy Frieman, The Understated Revolution in Chinese Science and Technology, in CHINA'S MILITARY FACES THE FUTURE, 255 (James R. Lilley & David Shambaugh eds., 1999).
54. China Introduces Incentives To Prevent Brain Drain, CHINAONLINE, Oct. 8, 1999, LEXIS, NEWS Library, ALLNEWS File.
55. See id.
56. Frieman, supra note 49, at 256-257.
57. China's 21st Century Trump Card, supra note 46, at 24.
58. Frieman, supra note 49, at 259.
59. Eyal Press & Jennifer Washburn, Digital Diplomas, MOTHER JONES, Jan./Feb. 2001, at 34 (arguing that virtual classrooms can eliminate brick and mortar buildings and many professors).
60. Richard Smalley, Professor of Physics and Chemistry at Rice University, made the argument that the U.S. was losing competitiveness at the graduate level before the Subcommittee on Basic Research of the Committee on Science in June of 1999. When asked if the U. S. was competitive regarding basic research in nanotechnology, Professor Smalley made the following comments: "We've managed to get this far here at the end of the century, still being pretty much as good as anybody, in many areas better than most, because of our openness, because of foreign researchers coming into work in our universities, and so forth. I don't think we should assume that it will continue forever. European, Japanese, Asian universities have embraced research in very serious ways and, in many areas, are more than competitive with anything in the United States. The reason for foreign nationals to come to this country to do their Ph.D. dissertations is getting weaker and weaker. And one of these days it's going to happen that we don't' do very good research in this country because we can't get good American boys and girls to get into the field." Nanotechnology: The State of Nano-science and its Prospects for the Next Decade, Hearing before the Subcommittee on Basic Research of the Committee on Science 14, 106th Cong. (June 22, 1999) [hereinafter House Hearing] (statement of Richard Smalley, Professor of Physics and Chemistry, Rice University).
61. "The U.S. trade deficit climbed to US$30.62-billion, a record, in June as soaring oil prices offset the benefit from stronger exports, while bilateral gaps with China and Canada hit new heights, the Commerce Department said yesterday." Glenn Somerville, U.S. Trade Deficit Reaches Record High in June: 'No Signs of Going Away', NAT'L POST, Aug. 19, 2000, at D9.
62. See id. at D9.
63. Martin Crutsinger, IMF: America is Risk to Markets, Associated Press, Sept. 11, 2000, WL 9/11/00 ASSOCPR, n.p.
64. Mark Egan, U.S. Imports Swell to Record Level, NAT'L POST, Sept. 14, 2000, at C10. See also Somerville, supra note 57, at D9.
65. Jane Perlez, Albright Debates Rights and Trade with the Chinese, N.Y. TIMES, Mar. 2, 1999, at A1.
66. ROBERT GILPIN, THE CHALLENGE OF GLOBAL CAPITALISM: THE WORLD ECONOMY IN THE 21ST CENTURY, 6 (2000).
67. Robert J. Samuelson, Looming Storm?, NEWSWEEK, Jan. 22, 2001, at 36 ("The consumer-spending spree has reduced the personal savings rate (savings as a percentage of disposable income) to zero.").
68. "These developments have combined to push an enormous number of unskilled and semi-skilled workers out of the primary work force. Between 1974 and 1988, the number of jobs in the United States in standard steel-making plunged from 480,000 to 260,000 In the auto sector, General Motors cut its American production employees by 150,000 during the 1980s." James Laxer, Men, the New Victims?: How Globalization Hit Certain Males Hardest of All, VANCOUVER SUN, Aug. 14, 1999, at F2.
69. GILPIN, supra note 62, at 7.
70. "With the increasing demand for foodgrains and limited resources, biotechnology was the key to producing 300 million tonnes of foodgrains that the country would require in the year 2025, he said." India: Biotechnology Key to Meeting Food Requirement: CM, THE HINDU, September 27, 2000, LEXIS, NEWS Library, ALLNEWS File.
71. TOM ANATHASIOU, DIVIDED PLANET: THE ECOLOGY OF RICH AND POOR (1998).
72. Rain, Rain, Come Today: China Leads World in Weather Interference Technology, CHINAONLINE, October 27, 2000, LEXIS, NEWS Library, ALLNEWS File. The U.S. also anticipates being able to control the weather by 2025 to provide cover for its troops. See Allan Hall, US Preparing to Use Weather as a Weapon, THE SCOTSMAN, Nov. 10, 2000, at 14.
73. Rain, Rain, Come Today: China Leads World in Weather Interference Technology, CHINAONLINE, October 27, 2000, LEXIS, NEWS Library, ALLNEWS File. The U.S. also anticipates being able to control the weather by 2025 to provide cover for its troops. See Allan Hall, US Preparing to Use Weather as a Weapon, THE SCOTSMAN, Nov. 10, 2000, at 14.
74. The U.S. relationship with China is ripe with tension and the relationship is filled with "vast differences." Beng, supra note 45, at 66.
75. Michael Pillsbury, Chinese Views of Future Warfare, in CHINA'S MILITARY FACES THE FUTURE, supra note 49, at 64.
76. See id. at 75-76.
77. Walter J. Clemens also sees China gaining power as a leading world force as a possible scenario. However, he also predicts that such a process will lead to an inevitable conflict with the United States. See Walter J. Clemens, From AD 2000 to AD 2025: Six Alternative Futures, CANADIAN Bus. AND CURRENT AFF., Mar. 1999, at 267-78.
78. Ruth Gana Okediji, Perspectives on Globalization from Developing States: Copyright and Public Welfare in Global Perspective, 7 IND. J. GLOBAL LEGAL STUD. 117, 134 (1999).
79. "[Michael] Dertuzos [Director of MIT Computer Science Program] said the global market for information services would grow between 3 trillion dollars and 4 trillion dollars in a couple of decades." Information Technology is Key to Big Money in India, Expert Says, DEUTSCHE PRESSE-AGENTUR, February 9, 2000, LEXIS, NEWS Library, DPA File.
80. Okediji, supra note 73, at 117-18.
81. Peter Schwartz et al., The Emerging Global Knowledge Economy, THE FUTURE OF THE GLOBAL ECONOMY: TOWARDS A LONG BOOM? 77 (1999).
82. Education in the knowledge economy saw increasing mergers between corporations and traditional educational facilities. By 2025, there were over 160 million students demanding education. See Chandra Devi, Education Trends in Information Society, NEW STRAITS TIMES - COMPUTIMES (MALAYSIA), Aug. 21, 2000, at 31.
83. Susan K. Sell, Multinational Corporations as Agents of Change: The Globalization of Intellectual Property Rights, in PRIVATE AUTHORITY AND INTERNATIONAL AFFAIRS, 169-97 (A. Claire Cutler, Virginia Haufler, and Tony Porter eds., 1999) (arguing that twelve chief executives were primarily responsible for initiating TRIPs. The twelve included: Bristol-Meyers, CBS, Du Pont, General Electric, General Motors, Hewlett-Packard, IBM, Johnson & Johnson, Merck, Monsanto, and Pfizer).
84. Bruce A. Lehman, Globalization and Intellectual Property in the 21st Century, in GLOBALIZATION OF INTELLECTUAL PROPERTY IN THE 21ST CENTURY: EUROPE, ASIA, AND THE INTERNET 345 (Kraig M. Hill ed., 1998) (arguing that a global patent system is needed and is on its way to development).
85. "I think businesses would like to file one patent and have it cover the globe. There will be pressure to achieve this, and national and professional interests will, of course, continue to put the brakes on this endeavor. Nevertheless, we are on that track. There have been moves in this direction with the Patent Cooperation Treaty that allows the filing of one application to cover most of the important global markets." O'Neill, supra note 7, at 115.
86. MARK ROSE, AUTHORS AND OWNERS: THE INVENTION OF COPYRIGHT (1993).
87. The case that may impact copyright length is Eldred v. Reno, but it has not reached the Supreme Court. Given the decision of the lower court, it is likely that copyright extension will be found constitutional by the Supreme Court. A perpetual copyright system, however, may be much more difficult to pass given the language of the Constitution. Eldred v. Reno, 74 F. Supp. 2d. 1 (D.D.C.1999). See also Copyright Term Extension Act Constitutional, Judge Rules, INTELL. PROP. LITIG. REP., Jan.12, 2000, at 5.
88. Jon M. Garon, Media & Monopoly in the Information Age: Slowing the Convergence at the Marketplace of Ideas, 17 CARDOZO ARTS & ENT. L.J. 491, 498 (1999).
89. Id. at 620-621
90. Okediji supra note 73, at 148.
91. Garon supra note 83, at 499.
92. O'Neill supra note 7, at 113-14.
93. State St. Bank & Tr. Co. v. Signature Fin. Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998).
94. "The Internet is predicted to be the way of doing business in the future, and it is going to be rather interesting to see how people come up with new ways of doing business on the Internet. They will be moving to patent those ways." O'Neill supra note 80, at 111-12.
95. Garon supra note 83, at 585.
96. "Although once idealized as the perfect democratic medium, the Internet and the "portal" metaphor return once again to a format of content-controlled safe zones that are predetermined by demographic trends and dictated by millions of dollars in advertising designed to lure viewers. The portals provide the primary access to the Internet and control the content that is most readily available to consumers. Only with concerted effort can a viewer find material that has not been designed by one of these companies. The flow of information leads to economic power that leads to the control of the flow of information." Id. at 589.
97. As suggested by Pat Heggy, it is entirely possible that the monopolization of media to such a great extent may lead to the creation of some sort of creative black market or a larger and more sophisticated backlash movement. While I have not specifically talked about the opposition to the globalization scenario, this opposition has already developed and will most likely continue to be a force.
98. O'Neill supra note 7, at 109-10.
99. "It used to be an option to ignore securing patent protection by being ahead of the curve in terms of product development. Just keep out in front of new products, and you will survive. That option is running rapidly out of favor." Id. at 111.
100. Id. at 111.
101. "Finally, building up a patent portfolio to assert a potential claim is a great idea, and I think a lot of people are doing that these days. There is no defense like a good offense. It is always nice to have another arrow in your quiver. There is nothing worse than somebody throwing balls, and all you can do is bat them around. It is nice to have a few to throw back." Id. at 116-17.
102. Okediji, supra note 73, at 173-74 (arguing that the identification of an information gap became an area of concern for the Clinton administration.); Vardy, supra note 29, at C8.
103. Neal Stephenson does an outstanding job of outlining this possible future in his most recent novel. NEAL STEPHENSON, CRYPTONOMICON (2000).
104. John Markoff, Cyber Rebels Go Surfing in Sealand, TORONTO STAR, June 5, 2000, LEXIS, NEWS Library, PAPERS File.
105. Dan Gillmor, Wanted: Innovative Nation as Data Haven, OTTAWA CITIZEN, June 12, 2000, at B2.
106. Marjorie Miller & Richard Boudreaux, A Nation for Friend and Faux, VANCOUVER SUN, June 14, 2000, at A21.
107. Keeping open standards for web development was a serious concern in 2000. Without open standards then the web could not be used as an integrated technology. Steve Lohr, A Parent's View of the World Wide Web as It Reaches Adolescence, N. Y. TIMES, Sept. 20, 1999, at C1.
108. Robert H. Anderson et al., The Global Course of the Information Revolution, Technological Trends: Proceedings of an International Conference (2000), at http://www.rand.org/publications/CF/CF157.
109. Garon, supra note 83, at 589 (arguing that oligopoly stifles content by catering to the lowest common denominator and making culture a matter of high profit).
110. Okediji, supra note 73, at 181.
111. Even the Pharmaceutical industry acknowledges that intellectual property rights are only one of many factors important in the development of drugs and foreign investment. See P.M. Rao, Intellectual Property Protection and Foreign Direct Investment: A Global Pharmaceutical Industry Perspective, in GLOBALIZATION, PRIVATIZATION AND FREE MARKET ECONOMY, 231-53 (P.M. Rao ed., 1998).
112. Garon, supra note 83, at 518-19 (arguing that there is no evidence that people would cease to create if copyright was a more limited right.); John Perry Barlow, The Economy of Ideas: A Framework for Rethinking Patents and Copyrights in the Digital Age, WIRED, 2.03, at http://www.wire.com/wired/2. 03/features/economy.ideas.html; Richard Stallman, The GNU Manifesto, at ftp://prep.ai.mit.edu/pub/gnu/GNUinfo/GnuManifesto.
113. Garon, supra note 83, at 518-19 (arguing that there is no evidence that people would cease to create if copyright was a more limited right.); John Perry Barlow, The Economy of Ideas: A Framework for Rethinking Patents and Copyrights in the Digital Age, WIRED, 2.03, at http://www.wire.com/wired/2. 03/features/economy.ideas.html; Richard Stallman, The GNU Manifesto, at ftp://prep.ai.mit.edu/pub/gnu/GNUinfo/GnuManifesto.
114. Garon, supra note 83, at 546.
115. Recording Indus. Ass'n of Am. v. Diamond Multimedia Sys., 180 F.3d. 1072 (9th Cir. 1999).
116. Walt Disney Prods. v. Air Pirates, 581 F.2d 751 (9th Cir. 1978).
117. Marci A. Hamilton, Farewell Madison Avenue, 16 CONST. COMMENT. 529, 533; Joyce Slaton, A Mickey Mouse Copyright Law? WIRED, http://www.wired. com/news/politics/0,1283,17327-2,00.htm.
118. Marci A. Hamilton, Farewell Madison Avenue, 16 CONST. COMMENT. 529, 533; Joyce Slaton, A Mickey Mouse Copyright Law? WIRED, http://www.wired. com/news/politics/0,1283,17327-2,00.htm.
119. John Perry Barlow is among the most ardent opponents of intellectual property law. For more information, see the Electronic Frontier Foundation Web site at http://www.eff.org
120. DEBORA HALBERT, INTELLECTUAL PROPERTY IN THE INFORMATION AGE: THE POLITICS OF EXPANDING OWNERSHIP RIGHTS (1999).
121. DONALD K. ROSENBERG, OPEN SOURCE: THE UNAUTHORIZED WHITE PAPERS 4 (2000).
122. DANIEL AMOR, THE E-BUSINESS® EVOLUTION: LIVING AND WORKING IN AN INTERCONNECTED WORLD 522 (2000).
123. Stallman supra note 107.
124. ROSENBERG, supra note 114, at 4.
125. RAYMOND, supra note 21, at 114, 170.
126. Id. at 180.
127. Some people felt that open source would be more likely to lead to balkanization. Amor, supra note 115, at 525; Lawrence M. Fisher, Supporters of Linux Worry That Commercialization Could Bring Chaos, N.Y. TIMES, Oct. 18, 1999, at C5. Eric Raymond argues that it is unlikely Linux based open source projects will balkanize because of the type of license used by Linux. See Raymond, supra note 21, at 184. There is evidence to suggest that balkanization is a problem in proprietary regimes as illustrated by the problems emerging in the internet/cell phone convergence. See Charles Piller, Future Calling for Net Cellphones: The Race Is On to Replace the PC as the Next Online Connection, FIN. POST: EWORLD, Aug. 05, 2000, at D8 (suggesting that an end to commercial balkanization is at least five years away.)
128. Some people felt that open source would be more likely to lead to balkanization. Amor, supra note 115, at 525; Lawrence M. Fisher, Supporters of Linux Worry That Commercialization Could Bring Chaos, N.Y. TIMES, Oct. 18, 1999, at C5. Eric Raymond argues that it is unlikely Linux based open source projects will balkanize because of the type of license used by Linux. See Raymond, supra note 21, at 184. There is evidence to suggest that balkanization is a problem in proprietary regimes as illustrated by the problems emerging in the internet/cell phone convergence. See Charles Piller, Future Calling for Net Cellphones: The Race Is On to Replace the PC as the Next Online Connection, FIN. POST: EWORLD, Aug. 05, 2000, at D8 (suggesting that an end to commercial balkanization is at least five years away.)
129. Marcus Maher, Open Source Software: The Success of an Alternative Intellectual Property Incentive Paradigm, 10 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 619 (2000) (describing a variety of open source programs and argues that complexity theory can explain why open source has been successful).
130. Garon, supra note 83, at 546.
131. Spencer Ante, Shawn Farming's Struggle, BUS. WEEK, May 1, 2000, at 197-98.
132. Inez G. Gonzalez, Recording Industry Association of America., Inc. v. Diamond Multimedia Systems, Inc., 15 BERKELEY TECH. L.J. 67 (2000); Recording Indus. Ass'n of Am. . v. Diamond Multimedia Sys., Inc., 180 F. 3d 1072, 1074 (9th Cir. 1999); UMG Recordings, Inc. v. MP3.Com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000); Eileen Fitzpatrick, RIAA Suit vs. MP3.com Raises 'Fair Use' Issues, BILLBOARD, Feb. 5, 2000, at 10. The appeals court decision against Napster was issued February 12, 2001. See A&M Records v. Napster Inc., 239 F.3d 1004 (9th Cir. 2001).
133. Despite Napster's loss, they continue to work with Bertelsmann AG, a German corporation that wants to turn Napster into a subscription-based service. Tom Kirchofer, Stop the Music; Appeals Court Ruling Could Silence Napster, BOSTON HERALD, Feb. 15, 2001, at 001.
134. The Internet has served as a vehicle for many bands. Bildg Ebiri & Ed Lovett, Launching Pads, YAHOO! INTERNET LIFE, Aug. 2000, at 108-10.
135. Courtney Love, Courtney Love Does the Math, SALON.COM, June 14, 2000, at http://www.salon.com/tech/feature/2000/06/14/love/index.html (arguing that artists are exploited by the recording industry and most artists make very little money from their creative work).
136. Chuck D., at http://www.rapstation.com.
137. Ebiri & Lovett, supra note 126, at 108-10 (telling the story of several bands that have successfully used the internet to gain exposure).
138. Steven King publicized the fact that he would only continue to publish new installments of the book on the net if 75% or more of the people paid. King charged $1.00/download and 76% of the people paid. See Dave Cosgrave, King's New E-Publishing Model, CANADIAN Bus. & CURR. AFFAIRS, Oct. 2000, at 9.
139. Garon supra note 83, at 618. "A national movement centered around "charitable upload centers" could transform much of the debate. Currently, the vast majority of works do not physically survive to gain the benefit of the copyright extension. Of those that do, few will actually have sufficient economic value to compete effectively in the market place. Despite these obstacles, an author will hold onto a work unless there is a reason to transfer the work A highly recognized charitable upload center (such as the "National Internet Library of the Arts," "Library of Congress Public (Domain) Collection," or an extension of an existing institution such as the Kennedy Center, Lincoln Center, Armand Hammer Museum, or the Disney Foundation) could garner the public support necessary to move significant assets into the public domain."
140. For an evaluation of the consequences of biopiracy, see VANDANA SHIVA, BiOPIRACY: THE PLUNDER OF NATURE AND KNOWLEDGE (1997).
141. Sharma, Devinder, Laws are Seen as Inadequate to Prevent Biopiracy, 24 INDIA ABROAD, June 18, 1999, at 2.
142. Other countries were also involved in fighting globalization and preserving indigenous rights. One such country was Brazil where an active indigenous movement marched for better treatment and the elimination of biocolonialism. See Brazil 500: No Indians Allowed, 12 BRAZIL, Apr. 30, 2000, at 8.
143. Sharma, Devinder, supra note 133, at 2.
144. House Hearing, supra note 56, at 94 (testimony of Dr. Ralph C. Merkle).
145. David Lore, Big Future for Tiny Medical Devices, COLUMBUS DISPATCH, Sept. 26, 2000, at 7.