The Darknet: A Digital Copyright Revolution (Seen on Telecom Digest)

[David Farber <dave () farber net>]

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From: dewayne () warpspeed com (Dewayne Hendricks)
Date: July 13, 2010 8:13:33 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] The Darknet: A Digital Copyright Revolution (Seen on Telecom Digest)

[Note:  This item comes from reader Randall.  DLH]

From: Randall <rvh40 () insightbb com>
Date: July 13, 2010 3:23:15 PM PDT
To: johnmacsgroup () yahoogroups com, Dewayne Hendricks <dewayne () warpspeed com>
Subject: The Darknet: A Digital Copyright Revolution (Seen on Telecom Digest)

The Darknet: A Digital Copyright Revolution

By Jessica A. Wood
Richmond Journal of Law & Technology  Volume XVI, Issue 4

Cite as: Jessica Wood, The Darknet: A Digital Copyright
Revolution, XVI Rich. J.L. & Tech. 14 (2010),
http://jolt.richmond.edu/v16i4/article14.pdf .

Introduction

[1] We are in the midst of a digital revolution. In this "Age of Peer
Production," armies of amateur participants demand the freedom to
rip, remix, and share their own digital culture. Aided by the newest
iteration of file sharing networks, digital media users now have the
option to retreat underground, by using secure, private, and
anonymous file sharing networks, to share freely and breathe new life
into digital media. These underground networks, collectively termed
"the Darknet[,] will grow in scope, resilience, and effectiveness in
direct proportion to [increasing] digital restrictions the public
finds untenable." The Darknet has been called the public's great
equalizing force in the digital millennium, because it will serve as
"a counterbalancing force and bulwark to defend digital liberties"
against forces lobbying for stronger copyrights and increased
technological controls.

[2] This article proposes a digital use exception to existing
copyright law to provide adequate compensation to authors while
promoting technological innovation, and the creation and
dissemination of new works. Although seemingly counterintuitive,
content producers, publishers, and distributors wishing to profit
from their creations must relinquish their control over digital media
in order to survive the Darknet era. Absent a government-granted
monopoly, free market forces will provide adequate incentives to
producers to create quality works, and an efficient dissemination
infrastructure will evolve.

[3] Part I examines the prospect that, due to the Darknet, it is
virtually impossible to control digital copying. Peer production is
increasing and darknets are becoming more prevalent. Liability rules,
stringent copyrights, and technological protection measures stifle
innovation, smother creation, and force consumers further underground
into darknets. The Darknet poses a particular threat because it is
impossible to track or proscribe user behavior. Further, the presence
of the Darknet will render technological protection measures
unenforceable, or at least impracticable, as a solution for digital
copyright management. Part II introduces a digital use exception for
copyright to deter development of the Darknet. The proposed copyright
shelter is the solution most closely aligned with the goals of
copyright, and a monopoly is no longer necessary or practical to
accomplish those goals in the digital realm. Part III explores
methods by which content creators, publishers, and distributors can
profit under this new rule. Absent copyrights for digital works,
service providers will capitalize on alternative business methods and
data mining. Driven by necessity, they will commission the production
of new works.

..

<http://jolt.richmond.edu/v16i4/Article14.pdf>
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