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Grokster and Efficiency in Music
by Seth Robert Belzley
10 Va. J.L. & Tech. 10 (2005)   View PDF

The recent case of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. presented the Supreme Court with the dilemma that is faced each time copyright law is revised: How are the competing interests of creators, innovators, and the public best balanced? This Article analyzes the dilemma ... [show]
The recent case of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. presented the Supreme Court with the dilemma that is faced each time copyright law is revised: How are the competing interests of creators, innovators, and the public best balanced? This Article analyzes the dilemma in light of technological advances that have place the need for music companies in doubt. In an era when musicians themselves can fill the roles previously filled by music companies, the argument for copyright protection, which has never encouraged the production of music anyway, is weakened even further. But even if copyright for music is to be retained, the threat of P2P systems should not be exaggerated since many market developments appear to be marginalizing the technology as a means of piracy at the same time that the technology is being put to more legal and beneficial uses. In the end, the Court was correct in Grokster to refuse the temptation to more fiercely protect the music industry. [hide]


In Search of the Story: Narratives of Intellectual Property
by Viktor Mayer-Schonberger
10 Va. J.L. & Tech. 11 (2005)   View PDF

Current intellectual property debates are advanced through distinctive and competing narratives. This article examines the leading narratives in the Western world, ranging from Lockean copyright and Kantian author’s right, to economic theory and the Coase theorem, to the narrative of the elusive author. In ... [show]
Current intellectual property debates are advanced through distinctive and competing narratives. This article examines the leading narratives in the Western world, ranging from Lockean copyright and Kantian author’s right, to economic theory and the Coase theorem, to the narrative of the elusive author. In doing so, it exposes commonalities and differences among the narratives, as well as a bewildering trend (for lawyers at least) away from the law as the underlying structure of ordering. Analyzing these narratives and their role as tools of persuasion—and ultimately as authority—the article highlights a fundamental flaw of non-author-centric narratives, suggesting that this flaw may explain the difficulty these narratives have faced in the legal discourse. The article concludes by suggesting that the foundations of the legal system would have to change for such narratives to become persuasive. [hide]




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