Notes
Slide Show
Outline
1
"Looking at Copyright Law as..."
  •  Looking at Copyright Law as a
        •    Computer Scientist
        •    Consumer
        •    Teacher of an E-Commerce Course


  • Joan Feigenbaum
  • http://www.cs.yale.edu/~jf
  • February 2003
2
Content-Distribution
System Specification
  • Part of the spec should be “enforce copyright law” (or at least “obey copyright law”).
  • In US Copyright Law
    • Owners are given (fairly) well defined rights
    • Users are given “exceptions” to owners’ rights.
  • This is no way to specify a system!
  • Need affirmative, direct specification of what users are allowed to do.
3
What if Someone Builds a Good TPS?
  • Lots of clever arguments in favor of
    • Users’ rights to reverse engineer
    • Users’ rights to circumvent
  • These arguments are correct but insufficient
    • As system engineering (see “specification” slide)
    • As a philosophical position: If fair use is a part of the copyright bargain, one should not have to hack around a TPS to make fair use.
    • As protection against ever-expanding rights of owners: What if someone builds a TPS that can’t be hacked?
4
Content-Distribution
System Engineering
  • “Fair use analysis therefore requires a fact intensive, case-by-case approach.” [Mulligan and Burstein 2002]
  • This is no way to engineer a mass-market system!
  • Need to be able to recognize the typical, vast majority of fair uses extremely efficiently and permit them.
  • Note that, in the analog content-distribution world, the vast majority of fair uses are non-controversial.
5
The Way Forward
  • “The best TPS is a Great Business Model.”  [Lacy, Maher, and Snyder 1997]
  • Use technology to do what it does naturally.
  • An Internet content-distribution business should benefit from uncontrolled copying and redistribution.