One Step BehindOne Step BehindCopyright and the InternetCopyright and the Internet

Erik HuizerErik HuizerUniversity TwenteUniversity TwenteUniversity UtrechtUniversity Utrecht

Where are weWhere are we

• The current digital The current digital media and networking media and networking environment allows:environment allows:– CreationCreation– DistributionDistribution– Re-purposingRe-purposing– SharingSharing– PersonalisingPersonalising– And more ……And more ……

uses of content.uses of content.

This gives us a chance toThis gives us a chance toDo away Do away

with old restrictive (and with old restrictive (and often scheduled) often scheduled) distribution distribution mechanismsmechanisms

Create a richer Create a richer experience experience

than just CD and DVDthan just CD and DVD

But…..But…..

Most business models have so far been Most business models have so far been unprofitableunprofitable

Many services have been challenged in courtMany services have been challenged in court

An exampleAn example

IPTV BoxIPTV Box

CopyrightCopyright

• It is a right to withholdIt is a right to withhold

• Several related ones:Several related ones:– Portrait right etc.Portrait right etc.

What was copyright for?What was copyright for?

• To stimulate To stimulate innovation and innovation and creativitycreativity

• To protect the efforts To protect the efforts of artists and creators of artists and creators for them to exploitfor them to exploit

How is it often used?How is it often used?

• to put the innovation and deployment risks with to put the innovation and deployment risks with parties other than the copyright holdersparties other than the copyright holders

• to protect commercial interest (rather than the to protect commercial interest (rather than the creators interest)creators interest)

• to limit the end-user’s rights by limiting access to to limit the end-user’s rights by limiting access to contentcontent

StakeholdersStakeholders

• Artist/creatorsArtist/creators• End-usersEnd-users• Music-label/movie Music-label/movie

companiescompanies• DistributersDistributers• Rights organizationsRights organizations• RetailersRetailers• GovernmentsGovernments• Etc.Etc.

• The sports exampleThe sports example

Who decidesWho decides

• International problemInternational problem• Countries in EuropeCountries in Europe

– Not much room to decide anythingNot much room to decide anything

• EuropeEurope– European commissionEuropean commission

• USA USA – Digital Millenium Copyright ActDigital Millenium Copyright Act

• Music and Movie industryMusic and Movie industry– Very good lobbyVery good lobby

The effect so farThe effect so far

• Lots of money spend on Lots of money spend on lawyerslawyers

• Filesharing development is Filesharing development is stimulatedstimulated– Usage of MP3 and DivXUsage of MP3 and DivX– NapsterNapster– KaZaAKaZaA– ShinkuroShinkuro– ????????

• Spirit of the law is nowhere Spirit of the law is nowhere near to being achieved on the near to being achieved on the InternetInternet

The KaZaA caseThe KaZaA case

• Is KaZaA offering central Is KaZaA offering central services that are essential for services that are essential for illegal filesharingillegal filesharing

• Can KaZaA influence the Can KaZaA influence the way people use their way people use their softwaresoftware

• Can illegal content easily be Can illegal content easily be detecteddetected

• Should the makers of KaZaA Should the makers of KaZaA be held responsible for the be held responsible for the use of KaZaAuse of KaZaA

This can be changedThis can be changed

The digital market will fully open:The digital market will fully open:

• If the price is rightIf the price is right

• It’s legitimateIt’s legitimate

• And convenientAnd convenient

Market influencesMarket influences

Technology Policy

CommercialPrice

Quality

Presentation

Accessibility

Protecting

(Water)Marking

Enabling

Law

Enforcement

(Awareness)

What we needWhat we need

A comprehensive framework of A comprehensive framework of • LegislationLegislation• TechnologyTechnology• BusinessBusinessThat follows the spirit of the law. That follows the spirit of the law. Creators get their rewards and users do not feel Creators get their rewards and users do not feel

restricted.restricted.

For example see The Digital ManifestoFor example see The Digital Manifestohttp://www.chiariglione.org/manifesto/http://www.chiariglione.org/manifesto/

The End