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Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries


Derek Slater


Harvard University - Berkman Center for Internet & Society

Urs Gasser


Harvard University - Berkman Center for Internet & Society; University of St. Gallen

Meg Smith


Independent

Derek E. Bambauer


University of Arizona - James E. Rogers College of Law

John G. Palfrey Jr.


Harvard Law School

January 2005

Berkman Publication Series Paper No. 2005-01

Abstract:     
The online environment and new digital technologies threaten the viability of the music and film industries' traditional business models. The industries have responded by seeking government intervention, among other means, to protect their traditional models as well as by developing new models specifically adapted to the online market. Industry activity and public debate have focused on three key policy areas related to copyright holders' control of content: technical interference with and potential liability of P2P services; copyright infringers' civil and criminal liability; and legal reinforcement of digital rights management technologies (DRM).

This paper seeks to support policymakers' decision making by delineating the potential consequences of policy actions in these areas. To do so, it assesses how such action would impact relevant social values and four business models representative of current and emerging attempts to generate viable revenues from digital media. The authors caution that government intervention is currently premature because it is unlikely to strike an appropriate balance between achieving industry goals while supporting other social values, such as consumer rights, the diversity of available content, and technological innovation.

Number of Pages in PDF File: 83

Keywords: Copyright, digital media, peer to peer (P2P), DRM

JEL Classification: K29, K33, K42, L82

working papers series





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Date posted: January 26, 2005  

Suggested Citation

Slater, Derek and Gasser, Urs and Smith, Meg and Bambauer, Derek E. and Palfrey, John G., Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries (January 2005). Berkman Publication Series Paper No. 2005-01. Available at SSRN: http://ssrn.com/abstract=654602 or http://dx.doi.org/10.2139/ssrn.654602

Contact Information

Derek Slater (Contact Author)
Harvard University - Berkman Center for Internet & Society ( email )
Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States
Urs Gasser
Harvard University - Berkman Center for Internet & Society ( email )
Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States
HOME PAGE: http://cyber.law.harvard.edu/people/ugasser.html
University of St. Gallen ( email )
Research Center for Information Law
Blumenbergplatz 9
CH-9000 St.Gallen
Switzerland
HOME PAGE: www.fir.unisg.ch
Meg Smith
Independent
No Address Available
Derek E. Bambauer
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
John G. Palfrey Jr.
Harvard Law School ( email )
1545 Massachusetts Avenue
Areeda Hall 511
Cambridge, MA 02138
United States
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