Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law

First Monday, Vol. 7, No. 8, August 2002

31 Pages Posted: 10 Oct 2004

See all articles by Kathy Bowrey

Kathy Bowrey

University of New South Wales (UNSW) - Faculty of Law

Matthew Rimmer

Queensland University of Technology (QUT)

Abstract

Whereas Lessig's recent work engages with questions of culture and creativity in society, this paper looks at the role of culture and creativity in the law. The paper evaluates the Napster, DeCSS, Felten and Sklyarov litigation in terms of the new social, legal, economic and cultural relations being produced. This involves a deep discussion of law's economic relations, and the implications of this for litigation strategy. The paper concludes with a critique of recent attempts to define copyright law in terms of first amendment rights and communicative freedom.

Keywords: Copyright law, peer to peer networks, technological protection measures, constitutional law, first amendment rights, Napster, Freenet, Kazaa, 2600 Magazine, Ed Felten, Dmitry Sklyarov

Suggested Citation

Bowrey, Kathy and Rimmer, Matthew, Rip, Mix, Burn: The Politics of Peer to Peer and Copyright Law. First Monday, Vol. 7, No. 8, August 2002. Available at SSRN: https://ssrn.com/abstract=600863

Kathy Bowrey

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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