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

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

Derek Slater
Harvard University - Berkman Center for Internet & Society

Meg Smith
Independent

Derek E. Bambauer
Brooklyn Law School

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.

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

JEL Classifications: K29, K33, K42, L82

Working Paper Series

Date posted: January 26, 2005 ; Last revised: January 26, 2005

Contact Information

Derek Slater (Contact Author)
Harvard University - Berkman Center for Internet & Society ( email )
Harvard Law School, Baker House
1587 Massachusetts Avenue
Cambridge, MA 02138
United States
Derek E. Bambauer
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
7344377660 (Phone)
Urs Gasser
Harvard University - Berkman Center for Internet & Society ( email )
Harvard Law School, Baker House
1587 Massachusetts Avenue
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
John G. Palfrey Jr.
Harvard Law School ( email )
1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States
Meg Smith
Independent
No Address Available
Feedback to SSRN (Beta)


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