A copyright cold war? The polarized rhetoric of the peer-to-peer debates

First Monday

Volumn 8, Issue 7, 2003, Pages

  Logie, John ^a  

^a UNIVERSITY OF MINNESOTA MEDICAL SCHOOL   (United States)

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[No Author keywords available]

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EID: 33144462081     PISSN: 13960466     EISSN: None     Source Type: Journal    
DOI: 10.5210/fm.v8i7.1064     Document Type: Article

References (26)

1. Amy Harmon, 2002. "Black Hawk Download: Pirated Videos Thrive Online," New York Times (17 January), at http://www.nytimes.com/2002/01/17/technology/circuits/17VIDE.html.
2. Ron Grover, 2002. "Box-Office Boom, Profit Gloom," Business Week Online (14 June), at http://www.businessweek.com/bwdaily/dnflash/jun2002/nf20020614_7543.htm.
3. Dawn Chmielewski, 2002. "Online Film Piracy Cuts into Industry Profit," San Jose (Calif.) Mercury News (30 May), at http://www.bayarea.com/mld/bayarea/business/technology/3369706.htm.
4. Louis L. Gould, 1997 "Political Activities of the Johnson White House, 1963-1969" LexisNexis (June), at http://www.lexisnexis.com/academic/guides/political_history/lbj_political/lbjpol1.asp.
5. The "Daisy" commercial appears within this paper by means of an action which might be understood as an illegal download. The commercial is available for viewing on CNN's Web site, on an archived page memorializing Barry Goldwater shortly after his death. Though my browser did not initially offer ready access to the file, I was ultimately able to save the video to my hard drive and then preserve it using Apple's Quicktime Pro software. CNN might attempt to claim copyright for this particular file, though the underlying commercial is, as political speech from a presidential campaign, considered to be in the public domain. There is a remote possibility, however, that CNN would frame an argument that either the haphazard coloration of this movie file, or the digital artifacts created during the compression process establish this file as a derivative work, qualifying for protection despite the public domain status of its ancestor. In this case, my counter-argument would be that my taking of the file is protected under the fair use exception to copyright law, which specifically allows use of material for purposes of "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." While CNN, Jack Valenti, and I might continue to disagree over whether this use was a fair use or not, this download without permission is certainly not the end of the world.
6. Jack Valenti, 1983. "Home Recordings of Copyrighted Works Hearings Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee of the Judiciary, House of Representatives." (12 April), at http://cryptome.org/hrcw-hear.htm.
7. Trevor Merriden, 2001. Irresistible Forces: The Business Legacy of Napster and the Growth of the Underground Internet. Oxford: Capstone, 2001, p. 35.
8. Quoted in John Alderman, 2001. Sonic Boom: Napster, MP3, and the New Pioneers of Music. Cambridge, Mass.: Perseus, p. 139.
9. Hank Barry, 2000. "Testimony of Hank Barry, Chief Executive Officer, Napster, Inc. before the Senate Judiciary Committee" (11 July), at http://judiciary.senate.gov/oldsite/7112000_hb.htm.
10. Rader, 2000. "Re: Look, this is silly," In: "Napster Helps RIAA Again; RIAA Ungrateful," Slashdot.org (26 February), at http://slashdot.org/comments.pl?sid=10781&cid=401120.
11. Zikzak, 2000. "Re: Look, this is silly," In: "Napster Helps RIAA Again; RIAA Ungrateful," Slashdot.org (26 February), at http://slashdot.org/comments.pl?sid=10781&cid=401213.
12. Wah, 2000. "Re: Look, this is silly," In: "Napster Helps RIAA Again; RIAA Ungrateful," Slashdot.org (26 February), at http://slashdot.org/comments.pl?sid=10781&cid=401279.
13. Jessica Litman, 2002. "War Stories," Cardozo Arts and Entertainment Law Journal, volume 20, p. 337, and at http://www.law.wayne.edu/litman/.
14. Edward Rothstein, 2000. "Swashbuckling Anarchists Try to Eliminate Copyrights from Cyberspace," New York Times (10 June), at http://www.nytimes.com/library/tech/00/06/biztech/articles/10copyright.html.
15. Lars Ulrich, 2000. "Lars Ulrich's Testimony on Napster," (11 July), at http://www.yourcongress.com/ViewArticle.asp?article_id=407.
16. David Gonzalez, 2002. "At Cuba Conference, Old Foes Exchange Notes on 1962 Missile Crisis," New York Times (14 October, Monday, Late Edition - Final), Section A, p. 6, column 1.
17. http://www.musiccdsettlement.com/english/default.htm.
18. http://www.negativland.com/albini.html.
19. http://www.madgelloland.org/irixx/madonna/index.html.
20. Dan Burk, 1997. "Jurisdiction in a World Without Borders" Virginia Journal of Law and Technology, volume 1, p. 1522, and at http://vjolt.student.virginia.edu/graphics/vol1/home_art3.html.
21. see, e.g. Declan McCullagh, 2003. "Antipiracy Détente Announced," C/NET News.Com (14 January), at http://news.com.com/2100-1023-980633.html?tag=bplst; Jonathan Krim, 2003. "Entertainment, Tech Firms Reach Truce on Digital Piracy," Washington Post (14 January), at http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&node=&contentId=A51958-2003Jan13¬Found=true.
22. Janet Davis, 1996. "Stasis Theory," In: Theresa Enos (editor). Encyclopedia of Rhetoric and Composition. New York: Garland, pp. 693-695.
23. Jeanne R. Fahnestock and Marie J. Secor, 1983. "Grounds for Argument: Stasis Theory and the Topoi," "Grounds for Argument: Stasis Theory and the Common and Special Topoi," with Marie Secor. In: David Zarefsky, Malcolm O. Sillars, and Jack Rhodes (editors). Argument in Transition. Annandale: Virginia: Speech Communication Association, pp. 135-146.
24. Sharon Crowley and Debra Hawhee, Ancient Rhetorics for Contemporary Students. New York: Longman, pp. 47, 50.
25. Lawrence Lessig, 2001. The Future of Ideas: The Fate of the Commons in a Connected World. New York: Vintage, p. 95.
26. http://news.com.com/2100-1023-954591.html.