Abstract

http://ssrn.com/abstract=1012226
 
 

Footnotes (50)



 


 



Thoughts on the Fetishization of Cyberspeech and the Turn from 'Public' to 'Private' Law


Gordon Hull


University of North Carolina at Charlotte - Department of Philosophy


Constellations, Vol. 10, No. 1, pp. 113-134, March 2003

Abstract:     
In this paper I critically examine recent developments in intellectual property law. In particular, from a point of view informed primarily by Marx and Foucault, I study (a) the rhetoric surrounding the Metallica lawsuit against Napster; (b) a pair of conflicting trademark cases surrounding the ownership of a word on the Internet; and (c) the software industry's move to win approval for "shrink-wrap" or "click here" licenses. I conclude that these developments indicate a new form of disciplinary power, where people are individuated ex ante as consumers. Despite the celebrations of market cyberlibertarians, this move actually masks an increase in overt state power as the state apparatus is invoked to force individuals to agree to behave as disciplined consumers and accede to the system in the first place.

Number of Pages in PDF File: 31

Keywords: Foucault, Internet, copyright, intellectual property

Accepted Paper Series





Download This Paper

Date posted: September 11, 2007  

Suggested Citation

Hull, Gordon, Thoughts on the Fetishization of Cyberspeech and the Turn from 'Public' to 'Private' Law. Constellations, Vol. 10, No. 1, pp. 113-134, March 2003. Available at SSRN: http://ssrn.com/abstract=1012226

Contact Information

Gordon Hull (Contact Author)
University of North Carolina at Charlotte - Department of Philosophy ( email )
9201 University City Blvd.
Charlotte, NC 28223
United States
Feedback to SSRN


Paper statistics
Abstract Views: 400
Downloads: 45
Footnotes:  50

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.265 seconds