Citations (6)


Footnotes (149)



Pervasively Distributed Copyright Enforcement

Julie E. Cohen

Georgetown University Law Center

Georgetown Law Journal, Vol. 95, 2006
Georgetown Public Law Research Paper No. 892623

In an effort to control flows of unauthorized information, the major copyright industries are pursuing a range of strategies designed to distribute copyright enforcement functions across a wide range of actors and to embed these functions within communications networks, protocols, and devices. Some of these strategies have received considerable academic and public scrutiny, but much less attention has been paid to the ways in which all of them overlap and intersect with one another. This article offers a framework for theorizing this process. The distributed extension of intellectual property enforcement into private spaces and throughout communications networks can be understood as a new, hybrid species of disciplinary regime that locates the justification for its pervasive reach in a permanent state of crisis. This hybrid regime derives its force neither primarily from centralized authority nor primarily from decentralized, internalized norms, but instead from a set of coordinated processes for authorizing flows of information. Although the success of this project is not yet assured, its odds of success are by no means remote as skeptics have suggested. Power to implement crisis management in the decentralized marketplace for digital content arises from a confluence of private and public interests and is amplified by the dynamics of technical standards processes. The emergent regime of pervasively distributed copyright enforcement has profound implications for the production of the networked information society.

Number of Pages in PDF File: 48

Keywords: copyright, DRM, TPM, DMCA, discipline, protocol, crisis

JEL Classification: 033, 034

Open PDF in Browser Download This Paper

Date posted: April 3, 2006  

Suggested Citation

Cohen, Julie E., Pervasively Distributed Copyright Enforcement. Georgetown Law Journal, Vol. 95, 2006; Georgetown Public Law Research Paper No. 892623. Available at SSRN: https://ssrn.com/abstract=892623

Contact Information

Julie E. Cohen (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9871 (Phone)
202-662-9411 (Fax)
HOME PAGE: http://www.law.georgetown.edu/faculty/jec/
Feedback to SSRN

Paper statistics
Abstract Views: 2,118
Downloads: 360
Download Rank: 63,948
Citations:  6
Footnotes:  149