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

Author(s): Peter S. Menell
Year: 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