Copyright and Commerce: The DMCA, Trusted Systems, and the Stabilization of Distribution

Gillespie, Tarleton. "COPYRIGHT AND COMMERCE: THE DMCA, TRUSTED SYSTEMS, ANS THE STABILIZATION OF DISTRBUTION" The Information Society, Vol. 20, No.4, pp.239-54, September 2004

28 Pages Posted: 3 Jun 2008

See all articles by Tarleton Gillespie

Tarleton Gillespie

Cornell University - Department of Communication; Microsoft Research, New England

Abstract

The Digital Millennium Copyright Act has been criticized for granting too much power to copyright holders, offering them new technological controls that may harm the public interest. But, by considering this exclusively as a copyright issue, we overlook how the DMCA anticipates a technological and commercial infrastructure for regulating not only copying, but every facet of the purchase and use of cultural goods. In upholding the law in Universal v. Reimerdes, the courts not only stabilized these market-friendly arrangements in cultural distribution; they extended these arrangements into realms as diverse as encryption research and journalism, with consequences for the very production of knowledge.

Keywords: copyright, DMCA, trusted system, law, DeCSS, intellectual property, journalism, encryption

Suggested Citation

Gillespie, Tarleton and Gillespie, Tarleton, Copyright and Commerce: The DMCA, Trusted Systems, and the Stabilization of Distribution. Gillespie, Tarleton. "COPYRIGHT AND COMMERCE: THE DMCA, TRUSTED SYSTEMS, ANS THE STABILIZATION OF DISTRBUTION" The Information Society, Vol. 20, No.4, pp.239-54, September 2004 , Available at SSRN: https://ssrn.com/abstract=1139946 or http://dx.doi.org/10.2139/ssrn.1139946

Tarleton Gillespie (Contact Author)

Microsoft Research, New England ( email )

One Memorial Drive, 14th Floor
Cambridge, MA 02142
United States

Cornell University - Department of Communication ( email )

Ithaca, NY
United States

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