{"id":2965,"date":"2005-03-04T16:00:49","date_gmt":"2005-03-04T20:00:49","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/cmusings\/2005\/03\/04\/more-on-artists-and-p2p\/"},"modified":"2005-03-04T16:00:49","modified_gmt":"2005-03-04T20:00:49","slug":"more-on-artists-and-p2p","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/cmusings\/2005\/03\/04\/more-on-artists-and-p2p\/","title":{"rendered":"More on Artists and P2P"},"content":{"rendered":"

<\/a><\/p>\n

Patrick Ross posted a follow-up<\/a> to my post below.<\/a> 
\nI think, in some sense, Patrick is absolutely right – this case is not
\nabout P2P. It is ultimately about the secondary liability standards by
\nwhich we will judge all technologies.  It is about the
\nfar-reaching consequences of the so-called “bad actor” or, perhaps more
\naccurately, bad-business-model standard that Ross advocates, as well as
\nthe many other offered alternatives to Sony<\/em>.  To many
\nartists who see the Internet and digital technologies as opening up
\nmyriad beneficial distribution channels, the threat such standards
\npose is grave. Counter to Ross’ claim, artists will indeed “lose
\n… valuable distribution outlet[s].” <\/p>\n

As I suggested below<\/a>,
\nthis point holds even if you think P2P will still exist if respondents
\nare held liable.  On that point, I’m not sure either – in
\nparticular, I highly doubt that decentralized P2P will be allowed to
\nexist under the forced redesign standards suggested by numerous
\nparties.  As suggested in the petitioners’ amici, filters will
\nrequire at least some form of centralization.<\/p>\n

Regarding Ross’ proposed standard, I highly recommend reading Intel’s argument<\/a> (18-19) against the SG’s standard.<\/a> 
\nAs an aside: it’s also worth noting that, given how Ross sets up the
\nstandard, it will not reduce piracy in the least, as any amateur,
\nnon-commercial P2P distributor will be allowed to exist. Of course,
\nRoss proposal could still, as a legal matter, be a principled
\nview of what the standard should be, but it’s worth realizing that it
\nwill probably not produce the beneficial policy consequences that
\nthose who push for reversal are hoping for.  In this way, too,
\nthis case has little to do with P2P – P2P and the infringements it enables will likely keep rolling along just fine.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Patrick Ross posted a follow-up to my post below.  I think, in some sense, Patrick is absolutely right – this case is not about P2P. It is ultimately about the secondary liability standards by which we will judge all technologies.  It is about the far-reaching consequences of the so-called “bad actor” or, perhaps more accurately, […]<\/p>\n","protected":false},"author":72,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[85],"tags":[],"class_list":["post-2965","post","type-post","status-publish","format-standard","hentry","category-big-ideas"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts\/2965","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/users\/72"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/comments?post=2965"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts\/2965\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/media?parent=2965"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/categories?post=2965"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/tags?post=2965"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}