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Liebowitz, Stan --- "MP3s and copyright collectives: a cure worse than the disease?" [2005] ELECD 89; in Takeyama, N. Lisa; Gordon, J. Wendy; Towse, Ruth (eds), "Developments in the Economics of Copyright" (Edward Elgar Publishing, 2005)

Book Title: Developments in the Economics of Copyright

Editor(s): Takeyama, N. Lisa; Gordon, J. Wendy; Towse, Ruth

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843769309

Section: Chapter 3

Section Title: MP3s and copyright collectives: a cure worse than the disease?

Author(s): Liebowitz, Stan

Number of pages: 23

Extract:

3. MP3s and copyright collectives:
a cure worse than the disease?
Stan Liebowitz

Only one thing is impossible for God: to find any sense in any copyright law on
the planet. Whenever a copyright law is to be made or altered, then the idiots
assemble.
Mark Twain: Mark Twain's Notebook, 23 May, 1903



3.1 INTRODUCTION

The advent of massive unauthorized copying by individuals using
peer-to-peer systems and MP3 files, besides generating an enormous
amount of press, has brought the affected copyright industries to the
brink of declaring war against many of their customers. This has taken
the form of a zealous attempt by copyright owners to shut down and limit
peer-to-peer filesharing, with the record industry at the forefront but the
movie industry waiting in the wings. First Napster was shut down. Then
Napster's progeny were brought to court, although the Recording
Industry Association of America (RIAA) has for the moment been frus-
trated in its attempt to have the courts shut down these latter firms.1
Simultaneously, the record industry has been covertly distributing on
peer-to-peer networks `spoof' files that look like popular MP3 files but
contain no music, in order to hinder downloaders. The industry has also
threatened (obliquely, to be sure) to start engaging in activities that would
prevent computers from being able to download MP3 files, although it is
unclear exactly how this would be done.
Finally, the industry is in the process of the most draconian ...