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Design for Symbiosis: Promoting More Harmonious Paths for Technological Innovators and Expressive Creators in the Internet Age

Communications of the Association of Computing Machinery, Forthcoming

UC Berkeley Public Law Research Paper No. 1995598

Stanford Law and Economics Olin Working Paper No. 423

5 Pages Posted: 31 Jan 2012  

Peter S. Menell

University of California, Berkeley - School of Law

Date Written: January 30, 2012

Abstract

Drawing upon historical patterns and the symbiotic relationship between distribution platforms and creative expression, this commentary examines the problems currently dividing the technology and content sectors over Internet copyright enforcement. It highlights two key factors causing the dysfunction -- the vertical fragmentation of distribution platforms in the Internet Age and the limited capacity for legislation to keep pace with technological change. The commentary suggests that cross-industry collaboration, such as the recently adopted graduated response Memorandum of Understanding between ISPs and content industries as well as the Principles for User Generated Content Services, offers a promising alternative pathway for surmounting the current enforcement challenges and forging sustainable institutions for addressing future problems.

Keywords: Copyright, Internet, Technological Innovation, Distribution Platforms

Suggested Citation

Menell, Peter S., Design for Symbiosis: Promoting More Harmonious Paths for Technological Innovators and Expressive Creators in the Internet Age (January 30, 2012). Communications of the Association of Computing Machinery, Forthcoming; UC Berkeley Public Law Research Paper No. 1995598; Stanford Law and Economics Olin Working Paper No. 423. Available at SSRN: https://ssrn.com/abstract=1995598

Peter S. Menell (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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