April 23, 2003
Wheat and Chaff: Pam Samuelson Talks About Making Sense of P2P Piracy

Pam Samuelson is interviewed in the (May) MIT Technology Review about the Berman bill (which he admitted in February may not be reintroduced in the 108th Congress), "self-help" and the planting of "chaff" or phony mp3s into free P2P networks, and copyright.

"... A real unfortunate thing, and the Berman Bill isn't going to solve this, is that by being so aggressive against the peer-to-peer file-sharing technologies and bringing so many lawsuits and trying to shut the stuff down, the industry hasn't won the hearts and minds of the individual users of these networks, and they haven't won the hearts and minds of the technology community that wants to use peer-to-peer technologies."

On Self-Help for Copyright Holders:
"My sense is that this bill would not just immunize this kind of interference with downloading; it also would immunize more aggressive acts, including those that would otherwise violate the Computer Fraud and Abuse Act [CFAA] and the Digital Millennium Copyright Act's anticircumvention provisions. The CFAA has quite a lot of open-ended provisions. For example, if a rights holder accessed a user's computer and disabled use of files on that computer, that would violate CFAA. As the recording industry was contemplating how to fight back against peer-to-peer file sharing using technology, they correctly reasoned that they might, in fact, be subject to liability under the broad provisions of the CFAA or other federal or state laws that forbid, for example, trespassing on somebody else's computer system. "

Overall:
"If the goal is compensation to artists, then it may be time, especially in view of how widespread file sharing is, to start thinking seriously about some sort of licensing scheme so that noncommercial file sharing, for example, could be made profitable for copyright owners. But it would be necessary to impose some sort of tax. This would get copyright holders some money and would stop the punitive war that has been going on, which is going to be really tough for the industry to win. "

"I don't think that there's one silver bullet that solves the whole problem. But it's important to find some solution that is the least socially disruptive -- one that also then gets a wide array of wonderful creative works into the hands of lots of different people. Because that's what ultimately the copyright system is supposed to achieve."

Posted by Mary Hodder at April 23, 2003 07:49 AM
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