Resisting the Resistance: Resisting Copyright and Promoting Alternatives

58 Pages Posted: 2 Feb 2017 Last revised: 15 Jul 2019

See all articles by Giancarlo Frosio

Giancarlo Frosio

Université de Strasbourg - CEIPI; Stanford University - Stanford Law School Center for Internet and Society

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Date Written: January 31, 2017


This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately—as I have discussed elsewhere—resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy. In Baudrillard’s terms, by increasingly commodifying knowledge and expanding copyright protection, we are taming limitless power with artificial scarcity to keep in place a dialectic of penury and unlimited need. In this paper, I will focus on certain global movements that do resist copyright expansion, such as creative commons, the open access movement, the Pirate Party, the A2K movement and cultural environmentalism. A nuanced discussion of these campaigns must account for the irrelevance of copyright in the public mind, the emergence of new economics of digital content distribution in the Internet, the idea of the death of copyright, and the demise of traditional gatekeepers. Scholarly and market alternatives to traditional copyright merit consideration here, as well. I will conclude my review of this movement “resisting the resistance” to the Digital Revolution by sketching out a roadmap for copyright reform that builds upon its vision.

Keywords: Copyright, Reform, Resistance, Digitization, Internet, Piracy, Open Access, Creative Commons, Digital Revolution, Baudrillard, Schumpeter, Reconciliation

Suggested Citation

Frosio, Giancarlo, Resisting the Resistance: Resisting Copyright and Promoting Alternatives (January 31, 2017). 23(2) Richmond Journal of Law and Technology 4 (2017), Available at SSRN:

Giancarlo Frosio (Contact Author)

Université de Strasbourg - CEIPI ( email )

11 Rue de Marechal Juin


Stanford University - Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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