The Price of Social Norms: Towards a Licensing Regime for File-Sharing

35 Pages Posted: 7 Apr 2004

See all articles by Daniel J. Gervais

Daniel J. Gervais

Vanderbilt University - Law School

Date Written: December 2003

Abstract

The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported to media other than music and (b) international issues.

Keywords: Copyright, peer-to-peer, file-sharing, music, Internet

JEL Classification: A14, D12, D23, D78, L82, K20

Suggested Citation

Gervais, Daniel J., The Price of Social Norms: Towards a Licensing Regime for File-Sharing (December 2003). Journal of Intellectual Property Law, Vol. 12, 2005. Available at SSRN: https://ssrn.com/abstract=525083

Daniel J. Gervais (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615 322 2615 (Phone)

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