Abstract

http://ssrn.com/abstract=758885
 
 

Citations (3)



 
 

Footnotes (435)



 


 



Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment


Hannibal Travis


Florida International University College of Law


Berkeley Technology Law Journal, Vol. 15, No. 777, 2000

Abstract:     
The author analyzes the ongoing expansion of American copyright law from the standpoint of the comparative history and philosophy of exclusive rights in lands on the one hand, and in creative expression on the other. He documents the persistence of a particularly influential mode of discourse about property rights from the English Enclosure Movement of the seventeenth and eighteenth centuries down to the Internet copyright debates of the present day. During this time, the duration and breadth of copyright have been extended to economically dubious and arguably unconstitutional lengths. At each new incursion into the intellectual commons, substantially the same dual-pronged justification has been brought to bear, combining a one-sided emphasis on certain "natural" rights with a rudimentary and poorly documented account of the "tragedy of the commons." This unmooring of copyright from the historical limits on its scope and duration threatens to chill the flow of public domain material and transformative works onto the World Wide Web. The author argues that a searching First Amendment inquiry into the dubious origins of Blackstonian copyright, along with a more critical appraisal of its philosophical provenance, should precede implementation of "notice-and-take-down" schemes and other statutory, technological, and contractual restrictions on imitation and quotation in cyberspace and elsewhere. Absent such an inquiry, the redefinition of "piracy" to include evaluation, critique, parody, and even reproduction of public domain works will undo the advances in the accessibility and heterogeneity of information that the advent of cyberspace communication has wrought, and that the First Amendment was explicitly intended to achieve.

Number of Pages in PDF File: 87

Keywords: Internet, copyright, first amendment, originalism, Blackstone, DMCA, UCITA, Grokster, Napster, Sony, Microsoft, Intel, Locke, Hobbes, Madison, Jefferson

Accepted Paper Series


Download This Paper

Date posted: July 15, 2005  

Suggested Citation

Travis, Hannibal, Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment. Berkeley Technology Law Journal, Vol. 15, No. 777, 2000. Available at SSRN: http://ssrn.com/abstract=758885

Contact Information

Hannibal Travis (Contact Author)
Florida International University College of Law ( email )
11200 SW 8th St.
Miami, FL 33199
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,552
Downloads: 225
Download Rank: 74,730
Citations:  3
Footnotes:  435

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.438 seconds