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Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law

Kathy Bowrey
University of New South Wales - Faculty of Law

Matthew Rimmer
Australian National University - ANU College of Law

First Monday, Vol. 7, No. 8, August 2002

Abstract:
Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

Keywords: Copyright law, peer to peer networks, technological protection measures, constitutional law, first amendment rights, Napster, Freenet, Kazaa, 2600 Magazine, Ed Felten, Dmitry Sklyarov

Accepted Paper Series

Date posted: October 10, 2004 ; Last revised: November 01, 2005

Suggested Citation

Bowrey, Kathy and Rimmer, Matthew, Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law. First Monday, Vol. 7, No. 8, August 2002. Available at SSRN: http://ssrn.com/abstract=600863

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Contact Information

Matthew Rimmer (Contact Author) Australian National University - ANU College of Law ( email ) Canberra ACT 0200 Australia HOME PAGE: http://law.anu.edu.au/scripts/StaffDetails.asp?StaffID=238
Kathy Bowrey University of New South Wales - Faculty of Law ( email ) Kensington 2052, New South Wales Australia