[Ecommerce] P2P "problem" and market place solution article

[Manon Ress]

Great copyright site, still free: http://fairuse.stanford.edu/

*Check out Solving the P2P "Problem" - An Innovative Marketplace Solution b=
y Rob Kasunic
http://fairuse.stanford.edu/commentary_and_analysis/2004_03_kasunic.html
*
QUOTE:
The resolution of the peer-to-peer dilemma remains perplexing and elusive. =
The controversies surrounding peer-to-peer file distribution present one of=
 the most profound challenges to copyright law to date. By examining the co=
ntroversy and some of the proposals for resolution, this article concludes =
that a critical step toward resolving the peer-to-peer problem has already =
occurred in the form of an innovative marketplace alternative to free - the=
 Apple iPod and the Apple iTunes service.
END OF QUOTE

Rob Kasunic calls for the end of "extreme and polarized positions" with rhe=
toric obscuring the ability to "discuss real problems and reasonnable solut=
ions"...he describes (and maybe dismisses too fast?) alternative compensati=
on systems such as the ones proposed by Prof. Fisher (tax on ISPs and techn=
ologies)
http://cyber.law.harvard.edu/people/tfisher/PTKChapter6.pdf
or Prof Neil Netanel (the Non commercial Use Levy)  http://www.utexas.edu/l=
aw/faculty/nnetanel/null.pdf

Or also for people who really do not like compulsory licenses or levies, th=
ere's Lon Sobel "digital retailer" model (using DRM protected works distrib=
uted by intermediaries such as ISPs)
http://www.law.berkeley.edu/journals/btlj/articles/vol18/Sobel.stripped.pdf

Then, Rob Kasunic describes the market place in details (Ipod history) and =
ends with a good suggestion for copyright owners:  it would be wise for the=
m to facilitate negotiated agreements with innovative legitimate services..=
.

Whatever it takes to avoid compulsory licences or levies?

If you can avoid "extreme and polarized positions" maybe you can send comme=
nts to the author.

Manon




--
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176