[Infowarrior] - The Darknet: A Digital Copyright Revolution

[Richard Forno]

c/o MS


The Darknet: A Digital Copyright Revolution

By Jessica A. Wood
Richmond Journal of Law & Technology  Volume XVI, Issue 4

Cite as: Jessica Wood, The Darknet: A Digital Copyright
Revolution, XVI Rich. J.L. & Tech. 14 (2010),
http://jolt.richmond.edu/v16i4/article14.pdf .

Introduction

[1] We are in the midst of a digital revolution. In this "Age of Peer 
Production," armies of amateur participants demand the freedom to 
rip, remix, and share their own digital culture. Aided by the newest 
iteration of file sharing networks, digital media users now have the 
option to retreat underground, by using secure, private, and 
anonymous file sharing networks, to share freely and breathe new life 
into digital media. These underground networks, collectively termed 
"the Darknet[,] will grow in scope, resilience, and effectiveness in 
direct proportion to [increasing] digital restrictions the public 
finds untenable." The Darknet has been called the public's great 
equalizing force in the digital millennium, because it will serve as 
"a counterbalancing force and bulwark to defend digital liberties" 
against forces lobbying for stronger copyrights and increased 
technological controls.

[2] This article proposes a digital use exception to existing 
copyright law to provide adequate compensation to authors while 
promoting technological innovation, and the creation and 
dissemination of new works. Although seemingly counterintuitive, 
content producers, publishers, and distributors wishing to profit 
from their creations must relinquish their control over digital media 
in order to survive the Darknet era. Absent a government-granted 
monopoly, free market forces will provide adequate incentives to 
producers to create quality works, and an efficient dissemination 
infrastructure will evolve. 

[3] Part I examines the prospect that, due to the Darknet, it is 
virtually impossible to control digital copying. Peer production is 
increasing and darknets are becoming more prevalent. Liability rules, 
stringent copyrights, and technological protection measures stifle 
innovation, smother creation, and force consumers further underground 
into darknets. The Darknet poses a particular threat because it is 
impossible to track or proscribe user behavior. Further, the presence 
of the Darknet will render technological protection measures 
unenforceable, or at least impracticable, as a solution for digital 
copyright management. Part II introduces a digital use exception for 
copyright to deter development of the Darknet. The proposed copyright 
shelter is the solution most closely aligned with the goals of 
copyright, and a monopoly is no longer necessary or practical to 
accomplish those goals in the digital realm. Part III explores 
methods by which content creators, publishers, and distributors can 
profit under this new rule. Absent copyrights for digital works, 
service providers will capitalize on alternative business methods and 
data mining. Driven by necessity, they will commission the production 
of new works. 

...

<http://jolt.richmond.edu/v16i4/Article14.pdf>