Michael Connolly
CPS 182–10/30/02
Response to Question #1.
Advancements in computers and the explosion of the Internet have enabled the rapid proliferation of digital reproductions that infringe on existing copyright law. The entertainment industry, software companies, and the government figures sympathetic their collective concerns have proposed various responses to deal with the revolution of peer-to-peer file sharing that has occurred over the past few years. However, many of the most prominent proposals for offering sustainable copyright protection, such as Palladium and other digital rights management styled technologies, have been deemed unpalatable to those internet users who feel that these new solutions would revoke the rights of "fair use" currently enjoyed by users of the internet. In this paper, I will outline a proposal for genuine file trading--a solution that will address concerns on both sides of the issue while simultaneously upholding the sanctity of the copyright tradition.
My solution is fairly simple, and it should appeal to both sides of this contentious issue. I propose that Palladium, or systems similar to it, be implemented as proposed. However, the implications of total Palladium implementation are beyond the scope of my argument, so for the sake of this paper, I will clarify what I mean by proposing that mechanisms be enacted so that…
The points listed above are designed to appease the members of the entertainment industry and the other advocates of the digital rights movement seeking to maintain the potency of copyright law. Having established an environment where piracy, illegal copying, and other malicious uses of intellectual property are virtually eliminated, next I propose that ambitious hackers develop programs and internet sites that allow for genuine file trading. That is, one user will trade her authentic copy of a media file to another user for his authentic copy of a different media file. As soon as this trade occurs, the first yields possession of her original file, and the second user gains possession of this file, and vice versa. Therefore, thinking of the Internet in terms of a decentralized network where each machine is viewed as a directory, media files won’t be "copied" from machine to machine, they will be "moved."
I believe this proposal is worthy of consideration since it makes meaningful strides in the direction of reconciliation between corporate copyrights holders and private Internet file sharers. Both sides are forced to make concessions. The entertainment industry giants might not like the fact that copyrighted materials will continue to be freely moved, but at least the duplication of protected materials will be impossible. On the other hand, the individual users may not be pleased at being unable to duplicate media files, but they may still access media content without having to make an actual purchase.
Furthermore, I imagine some would argue that my plan would fail in the face of technological obstacles. Well its true that any scheme of this magnitude will encounter its share of challenges, I feel the technological implications inherent in my proposal will work out quite favorably. Given that the average internet user doesn’t enjoy a high-speed internet connection, and also keeping in mind that the programs and sites needed to facilitate genuine file trading do not yet exist, file trading will get off to a slow start. This will be great for the entertainment industry, which will be able to utilize this time in order to change their business models to accommodate the implications of recent internet explosion and the advent of advanced file trading. In time, as bandwidth increases to make the trade of the typical media file trivial on even the slowest connections, file trading will become something that occurs instantaneously. If I feel like listening to "Working Class Hero" by John Lennon, I simply place a request to trade one of the files existing on my computer for that file, and the exchange occurs automatically and in seconds. It is safe to assume that with millions of users all connected at futuristic speeds, the file I am looking for will likely be available. The most attractive aspect of this design is that is preserves the integrity of the copyright laws. If I want to trade a compact disc of mine to a friend for one of his c.d.’s, that is a perfectly legal transaction. It is a trade. Likewise, my proposal is, at its essence, just a trade; it is just that in this case the available bandwidth provides me with a far more efficient trading system then would be available if I had to make my all my trades in person.
In sum, I feel this proposal is worthy of serious consideration since it addresses the concerns of participants on both sides of the debate on how copyrights will be protected in the face of technological advances. I have drafted a compromise solution that seeks to protect the interests of both corporations and individuals. When genuine file trading is still in its infancy, the entertainment industry will be granted the time necessary to rearrange its business models in order to remain profitable in an information age. Furthermore, once genuine file trading becomes popular and established, users will find the media they are interested in instantaneously and without purchase. Above all, the authority of the copyright would never be diminished, since this system would prevent the widespread duplication of copyrighted media files.