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Pirates of the Digital Millennium: How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy PDF

321 Pages·2004·5.81 MB·English
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frontmatter.fm Page i Saturday, August 21, 2004 11:03 AM PRAISE FOR PIRATES OF THE DIGITAL MILLENNIUM “Pirates takes us on a roller coaster ride from 18th century London bookshops to the 21st century pirate bazaars of Moscow, Beijing and New York City. This is the best book yet on the intellectual property wars, and a damn good read besides!” Paul Saffo, Director, Institute for the Future “The authors have taken a welcome step back from the copyfights that have consumed the digerati at the turn of the millennium, placing them into a historical, social, and ethical context. This book provides a roadmap for a detente that could end the arms race and allow new forms of creativity and intellectual productivity that we know can be unleashed, if only the right legal and economic knots can be untied.” Jonathan Zittrain, Assistant Professor of Law, Harvard Law School, Co-Founder, Berkman Center for Internet and Society “Capitalism does not work unless everyone knows who has the right to sell what and those rights are enforced. As we move into the digital age nothing is more important than understanding the issues about digital piracy and what to do about them. The place to start gaining that understanding is with Pirates of the Digital Millennium.” Lester Thurow, Professor of Economics and Business at MIT, former dean of the MIT Sloan School of Business, former columnist for Newsweek, and author of The Zero Sum Society and Fortune Favors the Bold, owner of www.lthurow.com “We’ll take another few decades fully working out the ethics and economics of sharing copied bits, but Gantz and Rochester have gone deep and given us a good first draft. Time to reconsider The Ten Commandments now that stone tablets have been replaced by KaZaA.” Bob Metcalfe, Ethernet inventor, 3Com founder, InfoWorld columnist, and Polaris partner frontmatter.fm Page ii Saturday, August 21, 2004 11:03 AM “Software piracy remains a major problem around the globe, negating literally thousands of person-years of intellectual effort. This book provides a thorough and detailed analysis of the economic damage that piracy causes both to local economies and the technology industry. Gantz and Rochester describe how technology, society, and globalization have evolved to make piracy easier than ever and highlight the challenges faced by industries trying to adapt to this change and enforcement organizations trying to stem the tide. This is an important read for media executives, college students, parents, intellectual property lawyers, and, of course, would-be digital pirates.” Brad Smith, Microsoft Senior Vice President, General Counsel, and Corporate Secretary “The pirates in this book include both teenagers working in their bedrooms and corporate executives in their offices, hijacking the gift of digital technology. This is a well-researched and engaging work on a subject of great importance now and for the future.” Tracy Kidder, author of the international best seller, The Soul of the New Machine “Pirates, like any predator, are agents of Darwinian evolution, forcing adaptations and driving next-generation innovations. Gantz and Rochester do a masterful job of analyzing this process and the impact piracy is having at the intersection of business, technology, and society. The moral? What doesn’t kill us will make us stronger.” Geoffrey Moore, author of Crossing the Chasm, Inside the Tornado, and Living on the Fault Line, founder of The Chasm Group, and Managing Director of TCG Advisors “In Pirates of the Digital Millennium, Gantz and Rochester zero in on the critical issue of protection for intellectual property in a way that everyone— parents, business people, media executives, and artists—can understand. We have entered the digital millennium, and this book looks at not only how we got there but, more importantly, where we are going when it comes to digital piracy. It’s entertaining and serious at the same time, offering a 360- degree view of the issue with fresh research and compelling insights!” Pat McGovern, Chairman and Founder, IDG frontmatter.fm Page iii Saturday, August 21, 2004 11:03 AM “Much has been written about the legal theories surrounding technology and piracy. What has been lacking is the empirical research to explain the practical impacts of piracy and the legal efforts to stamp it out. Pirates of the Digital Millennium does just that, and more. John and Jack have taken a problem that’s been with us for 500 years and put it into a 21st century context. Technology advances have always affected the rules for copyright protection—and the ease with which those rules can be circumvented. John and Jack show that downloading pirated music from a P2P network, justified on the grounds that ‘monetary interests precede art’ in the recording industry, potentially stunts the development of diverse music and movie industries around the globe. At the same time, the legal response is heavy- handed, denying access for all to digital works to prevent the illegal behavior by some, making criminals out of our children for culturally accepted behavior. An important work for legal, business and sociological scholars alike, not to mention parents, teachers, and kids.” Lars S. Smith, Assistant Professor of Law, Trademarks and Intellectual Property, Louis D. Brandeis School of Law, University of Louisville “I ate, drank, lived, and loved the music business for 25 years. Today, I see a business that has done its best to kill itself—first creatively, and now technologically. The music business, big and small, could have owned the downloading business, were it not for the collective of aging Luddites who run things, who are holding on desperately to a system that has sustained them for so long that their drive to innovate, educate, and entertain has ossified. There is so much music—new and old—out there that people either have no access to or have to jump through increasingly costly hoops to find. As a former artist who owns copyrighted music, I am convinced people will pay for it—if it is priced right and so easily available in this digital age. But, like artists and like music itself, the business needs to change and grow. Now as a teacher, I concentrate on teaching students the rigors and art of critical thinking, how to distinguish between fact and fiction. Jack and John’s book is essential reading for anyone who wants or needs the music industry to have any sort of viable future. In these pages readers will find clear information that allows them to make the distinction between the facts and the overwhelming fiction on this great subject, to make informed decisions. The reader will find not just the seeds of change, but the leaves (and stems) as well.” Hugo Burnham, New England Institute of Art, Brookline, Massachusetts, founding member of English post-punk band Gang of Four, whose debut album Entertainment, released by Warner Bros. Records in 1980, was named one of the 500 greatest albums of all-time by Rolling Stone in 2004 frontmatter.fm Page iv Saturday, August 21, 2004 11:03 AM frontmatter.fm Page v Saturday, August 21, 2004 11:03 AM frontmatter.fm Page vi Saturday, August 21, 2004 11:03 AM A CIP record of this book can be obtained from the Library of Congress Author Photos: Adam Gooder Editorial/Production Supervision: Donna Cullen-Dolce Cover Design: Nina Scuderi Cover Design Director: Jerry Votta Interior Design: Gail Cocker-Bogusz Manufacturing Buyer: Alexis Heydt-Long Vice President and Editor-in-Chief: Tim Moore Editorial Assistant: Richard Winkler Development Editor: Russ Hall Marketing Manager: John Pierce © 2005 Pearson Education, Inc. Publishing as Financial Times Prentice Hall Upper Saddle River, NJ 07458 Financial Times Prentice Hall offers excellent discounts on this book when ordered in quantity for bulk purchases or special sales. For more information, please contact: U.S. Corporate and Government Sales, 1-800-382-3419, [email protected]. For sales outside of the U.S., please contact: International Sales, 1-317-581-3793, [email protected]. Company and product names mentioned herein are the trademarks or registered trademarks of their respective owners. All rights reserved. No part of this book may be reproduced, in any form or by any means, without permission in writing from the publisher. Printed in the United States of America First Printing ISBN0-13-146315-2 Pearson Education LTD. Pearson Education Australia PTY, Limited Pearson Education Singapore, Pte. Ltd. Pearson Education North Asia Ltd. Pearson Education Canada, Ltd. Pearson Educación de Mexico, S.A. de C.V. Pearson Education—Japan Pearson Education Malaysia, Pte. Ltd. frontmatter.fm Page vii Saturday, August 21, 2004 11:03 AM Dedicated to our wives and sons, without whose love, support, and frank appraisals we wouldn't have made it this far. In this book or in life. FTPH_FM.fm Page i Thursday, August 22, 2002 8:05 AM In an increasingly competitive world, it is quality of thinking that gives an edge—an idea that opens new doors, a technique that solves a problem, or an insight that simply helps make sense of it all. We work with leading authors in the various arenas of business and finance to bring cutting-edge thinking and best learning practice to a global market. It is our goal to create world-class print publications and electronic products that give readers knowledge and understanding which can then be applied, whether studying or at work. To find out more about our business products, you can visit us at www.ft-ph.com FinancialTimes_series.fm Page 1 Tuesday, August 10, 2004 1:28 PM FINANCIAL TIMES PRENTICE HALL BOOKS For more information, please go to www.ft-ph.com Business and Society John Gantz and Jack B. 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How to Know if Your New Business Idea Has Wings… Before You Take the Leap Stephen Spinelli, Jr., Robert M. Rosenberg, and Sue Birley Franchising: Pathway to Wealth Creation Executive Skills Cyndi Maxey and Jill Bremer It’s Your Move: Dealing Yourself the Best Cards in Life and Work John Putzier Weirdos in the Workplace Finance Aswath Damodaran The Dark Side of Valuation: Valuing Old Tech, New Tech, and New Economy Companies Kenneth R. Ferris and Barbara S. Pécherot Petitt Valuation: Avoiding the Winner’s Curse

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