Pirates of the Digital Millennium

About the Authors John Gantz is Chief Research Officer and Senior Vice President of International Data Corporation. He manages worldwide demand-side research, global market models, Internet, ebusiness and IT forecasts, and research quality control and standards. He led its recent study, The Economic Impact of Software Piracy. Prior to assuming his current role, he led IDC's worldwide research and consulting in personal systems, consumer devices, workgroup and collaborative computing, and services. As one of IDC's chief spokespersons on technology and market issues, he has been published or quoted in media ranging from Fortune to CNN. He has served as contributing editor and columnist for Computerworld and InfoWorld. Jack B. Rochester heads Joshua Tree Interactive, a leading provider of technology-related content and information management services for interactive media, including enterprise computing, ethics, e-learning, and e-commerce. He has written 300 articles and nine books on the impact of technology on business and society. His work has appeared in media ranging from Harvard Business Review to USA Today. He is on the faculty of the New England Institute of Art. Gantz and Rochester co-authored the best seller The Naked Computer. © Copyright Pearson Education. All rights reserved.

Acknowledgments.

 

Preface.

 

1. Are You a Digital Pirate?

 

    Intellectual Property and the Concept of Copy Rights.

 

         Sidebar: What Is “Fair Use”?

 

    Copying and Virtue: A Short History.

 

    I Sing the Copy Electric.

 

    Recording, from A to V.

 

    Is It Live or Is It Memorex?

 

    Copying and Convenience.

 

    The Empire Strikes Back.

 

    Even Better Than the Real Thing?

 

         Sidebar: The End-User License Agreement.

 

    Meanwhile, Back on the PC.

 

    The Digital Black Market.

 

    Are You a Digital Pirate?

 

2. Is It Copyright or the Right to Copy?

 

    The First Known Copy Pirate.

 

    The First Copyright.

 

    The Scottish Pirates.

 

    Copyright as Politics and Business.

 

    100 Years of American Piracy.

 

    The Quintessential American Pirate.

 

    The Idea of Copyrighting Ideas.

 

    A Borrower Be: Understanding Fair Use.

 

    The Expanding Universe.

 

         Sidebar: The Music Industry’s Woes.

 

    Where Are We Today?

 

3. Us Against Them?

 

    If We Are Us, Who Is Them?

 

    What’s a Little Rip, Mix, Burn Among Friends?

 

    Music is the Soul…of Piracy.

 

    A Pirate’s Argument.

 

         Sidebar: Music CD Sales: An Industry View of Where the Money Goes.

 

         Sidebar: Music CD Sales: Courtney Love’s View of Where the Money Goes.

 

    Which Camp Are You In?

 

4. Inside The Corporate Intellect: A Day at Microsoft.

 

    Why Microsoft?

 

    The Birth of Microsoft Office 2003.

 

    Plan, Write Code, Test; Plan, Write Code, Test.

 

    Knowing When to Quit.

 

    Microsoft as Microcosm.

 

    The Legal Beagles.

 

    Fighting Spam.

 

    The Tests of Time.

 

    Getting Help from Watson.

 

    Harnessing Genius.

 

    Piracy’s Long Shadow.

 

5. Inside the Sausage: The Making   of the Digital Millennium Copyright Act.

 

    Antecedents to the DMCA.

 

    The Pieces Start to Fall into Place.

 

    The DMCA Is Born.

 

    The DMCA Dissected.

 

         Sidebar: The Strange Case of Ross Plank.

 

    I Got 20 More Years, Babe.

 

    What Hath the DMCA Wrought?

 

         Sidebar: Six Questions on Copyright for Jonathan Zittrain.

 

    The Bell Tolls, But For Whom?

 

    Desperately Seeking Libra.

 

6. Global Fallout.

 

    How Bad Is Piracy?

 

    The Hidden Costs of Software Piracy.

 

    Are These Numbers Real?

 

    What Drives Piracy?

 

    Who Gets Hurt?

 

    An Economic Argument for Piracy.

 

    Why Don’t Governments Do Something?

 

    The Rule of Law.

 

    The Global Push to Lower Piracy.

 

    What’s the Global Fallout?

 

7. Dude, Where’s My MP3?

 

    The Dawn of MP3 Downloading.

 

         Sidebar: Digital Copying: The Legal and the Illegal.

 

    How MP3s Are Shared.

 

    An Anatomy of Downloading.

 

    The Darker Side of Downloading.

 

    The Power of Youth.

 

    The Techno-Elite.

 

    View from the Street.

 

    It’s Not Just MP3s.

 

    Student Economics.

 

    Internet-based Information Is REAL Power.

 

    Ethics from Without.

 

    Are New Moral Ground Rules Needed?

 

8. Eliot Nessor Keystone Kops?

 

    A Music Industry Offensive.

 

    Where Are the Cops When You Need Them?

 

    Chasing Buccaneers.

 

    Chasing Buccaneers Abroad.

 

    Chasing a Mirage.

 

    Deputizing the Businessman.

 

    Notice and Takedown.

 

    The International Black Hole.

 

    The Ongoing Arms Race.

 

         Sidebar: Does Downloading Actually Hurt CD Sales?

 

    An Uphill Push.

 

9. Angel on My Shoulder: What’s in It for Me?

 

    Technology or People: Who’s Running the Show?

 

    Asking Tough Questions.

 

    An Ethical Quandary.

 

    What’s In It for Governments?

 

    What’s In It for Businesses?

 

         Sidebar: BSA’s Recommended Corporate Software Policy Notice.

 

    Facing Up to the Ethical Issue.

 

         Sidebar: Street Ethics.

 

    The Ethical Climate.

 

10. Through the Fog: The Future of Intellectual Property.

 

    Lesson One: We’re Locked in a War No One Can Win.

 

    Lesson Two: Copyright Laws Won’t Go Away, Ever.

 

    Lesson Three: Piracy Has Changed the Relationship Between Media Buyers and Sellers.

 

    Lesson Four: It’s about Capitalism, Stupid.

 

    Lesson Five: Laws and Case Law Will See-saw.

 

    Lesson Six: Globalization Creates the Common Denominator.

 

    Lesson Seven: Decriminalizing the Kids Should Be a Top Priority.

 

    Lesson Eight: Give a Little to Get a Little.

 

    Lesson Nine: Ethics Are Important.

 

    The Next Few Steps.

 

    Possibilities from the Fringe.

 

    What Should Happen?

 

Afterword.

 

Index.