Design for Symbiosis: Promoting More Harmonious Paths for Technological Innovators and Expressive Creators in the Internet Age
Peter S. Menell
University of California, Berkeley - School of Law
January 30, 2012
Communications of the Association of Computing Machinery, Forthcoming
UC Berkeley Public Law Research Paper No. 1995598
Stanford Law and Economics Olin Working Paper No. 423
Drawing upon historical patterns and the symbiotic relationship between distribution platforms and creative expression, this commentary examines the problems currently dividing the technology and content sectors over Internet copyright enforcement. It highlights two key factors causing the dysfunction -- the vertical fragmentation of distribution platforms in the Internet Age and the limited capacity for legislation to keep pace with technological change. The commentary suggests that cross-industry collaboration, such as the recently adopted graduated response Memorandum of Understanding between ISPs and content industries as well as the Principles for User Generated Content Services, offers a promising alternative pathway for surmounting the current enforcement challenges and forging sustainable institutions for addressing future problems.
Number of Pages in PDF File: 5
Keywords: Copyright, Internet, Technological Innovation, Distribution Platforms
Date posted: January 31, 2012
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