P2p Technology And Music Copyright Conflict And Solution Studies

Commentators and courts have universally hailed the Internet as an abundantly fertile field for self-expression and debate. But this acclamation masks sharp disagreement over whether certain Internet activity should be lauded or deplored. A prime example is the unlicensed use of copyright-protected material. The explosion of sharing and remixing of popular songs and movies over Internet-based peer-to- peer ("P2P") networks like Napster has evoked sharply discordant reactions. Some commentators embrace the collection, exchange, and transformation of existing works as part and parcel of the individual autonomy, self-expression, and creative collaboration for which we celebrate the Internet. Others denounce those activities as massive piracy of intellectual property. They fear that P2P file swapping poses a mortal threat to the copyright system that sustains authors, artists, and a multi-billion-dollar- a-year industry in the production and dissemination of creative expression. The P2P controversy has degenerated into a steadily intensifying war of words and legal action. The copyright industries have successfully shut down a number of P2P networks and continue to bring lawsuits against others. They have also sought to use Digital Rights Management technology and sabotage to disable unlicensed P2P sharing of copyright-protected works. But these methods do not work well. Commentators and policy-makers have put forth a variety of proposals to address the P2P file swapping controversy. In this Article I advance and provide a blueprint for an idea that I think holds the most promise: allowing unrestricted noncommercial P2P file sharing in return for imposing a levy on P2P-related services and products.