More Berkman Center Digital Media Project Papers

Today, the Berkman Center and Gartner|G2 released an update to Copyright and Digital Media in a Post-Napster World, which “examines the transition from analog/offline to digital/online media from a U.S. legal and market perspective.”  This edition reflects important changes since the whitepaper’s original publication in August 2003.  The new edition also includes an international supplement that “considers developments regarding copyright and related rights in Europe and Asia/Pacific (including Australia) against the backdrop of earlier studies by the Berkman Center’s Digital Media Project that reviewed the interplay of law, technology, and the business ecosystem.”

Cali INDUCE Bill

News of Senator Murray’s California INDUCE-like bill is making the rounds.  Murray says that the MPAA/RIAA/et al had nothing to do with it.  Uh huh.


It seems like the RIAA/MPAA/whichever organization is behind this is throwing a million darts, hoping just one sticks.  Congress, Supreme Court, the states – doesn’t matter which one steps in as long as they get their P2P liability standard enacted somewhere.  At the same time, this bill seems so broadly drafted, so obviously bad that they can’t seriously think it will pass.  Maybe this is just the baseline, but, given what happened with INDUCE, do they really want to start that debate again in the state of Silicon Valley?  If they don’t take the bill’s chances seriously, is this just a way of wasting other organizations’ resources?  Lessig suggested that INDUCE was intended as a distraction, to move through the IP Protection Act.


Also, re: Professor Felten’s question about “reasonable person” standards, see Professor Solum’s legal theory lexicon post for a clear, simple discussion.