Why Pirates (Still) Won't Behave: Regulating P2P in the Decade after Napster

47 Pages Posted: 1 Apr 2009 Last revised: 31 Jan 2010

See all articles by Annemarie Bridy

Annemarie Bridy

University of Idaho; Stanford Law School Center for Internet and Society

Date Written: April 23, 2009

Abstract

Since the birth of Napster in 1999, corporate copyright owners have attempted to "govern" file sharing aggressively at three discrete points of intervention: the content level, the network level, and the user level. Their efforts have met with resistance at each of these points, however, because they have failed to appreciate the insight articulated by Michel Foucault that governing people, in the broad sense, is not only a matter of making them behave; it's also a matter of making them want to behave. This article surveys a decade's worth of anti-piracy regulation and examines the ways in which the entertainment industry's recourse to coercion at every point of intervention has functioned to undermine rather than advance the anti-piracy cause.

Keywords: copyright, file sharing, peer to peer, piracy, P2P

JEL Classification: K19, K39, K42, L82, O34

Suggested Citation

Bridy, Annemarie, Why Pirates (Still) Won't Behave: Regulating P2P in the Decade after Napster (April 23, 2009). Rutgers Law Journal, Vol. 40, No. 3, p. 565, Spring 2009. Available at SSRN: https://ssrn.com/abstract=1371289

Annemarie Bridy (Contact Author)

University of Idaho ( email )

PO Box 83720
Boise, ID 83720-0051
United States

HOME PAGE: http://www.uidaho.edu/law/people/faculty/abridy

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/about/people/annemarie-bridy

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