Cyberlaw and the Global Economy 2004 > A quicksilver technological environment |
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Rotisserie Question
In the Grokster opinion of this past summer (2004), the 9th Circuit Court of Appeals asserted, "... we live in a quicksilver technological environment with courts ill-suited to fix the flow of internet innovation. AT&T Corp. v. City of Portland, 216 F.3d 871, 876 (9th Cir. 1999). The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well-established distribution mechanisms. Yet, history has shown that time and market forces often provide equilibrium in balancing interests, whether the new technology be a player piano, a copier, a tape recorder, a video recorder, a personal computer, a karaoke machine, or an MP3 player. Thus, it is prudent for courts to exercise caution before restructuring liability theories for the purpose of addressing specific market abuses, despite their apparent present magnitude." Do you expect that the Court is right, and that "time and market forces" will "provide equilibrium in balancing interests" with respect to the technologies for creation, use and distribution of digital media? And, either way, what would such balance look like? There are more questions (1): Expand All |
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I think time and market forces are eventually the two forces that will resolve the digital media problems, though law has its role to play in this scheme. It’s undeniable More...
Market forces are clearly inadequate to resolving the current conundrum. Upon a more than cursory investigation of the marketplace, one soon realizes that there are multiple subpaces of the overall More...
The Court is basically right, although the player’s interests in digital media will change and it seems likely some new balance will be struck. While I am skeptical of techies More...
The balance suggested above will certainly foster innovation of Internet technologies rather than stifle them. In fact, I would go as far as stating that in the long run, as More...
Common law cannot keep pace with the speed of technology. As a result, policies in the form of judicial decisions grow quickly obsolete. As such, the overarching legal framework governing More...
I agree with most of your views on the court's role with innovative technologies. As you clearly point out, courts should not develop novel common law theories to deal with More...
Schumpeter speaks of the creative destruction that underlies Capitalism; that with each successive waves of technological innovation, old industries are swept away and new ones born. When existing companies feel More...
Creative destruction is indeed ensuing and will gain momentum as companies that rely on the traditional business model increasingly lose their grip. But is Schumpeter’s creative destruction inevitable in this More...
I believe that the court has the right idea but that the statement by the MGM Studios v. Grokster court is overbroad. Time and market forces alone will not provide More...
This is a well-written and clearly articulated opinion. I particularly appreciate the various supporting authority cited in the piece. I absolutely agree that a complete hands-off approach by the judiciary More...
Will time and market forces work things out? In an ideal world, market forces would surely solve the problem. However, I believe that it is really difficult that in the More...
I believe this post frames the issue correctly – whatever regime emerges in this space has to balance the public’s expectation of paying nominal fees for internet technologies, the industry’s More...
The Ninth Circuit was wise in its restraint, recognizing the limits of judicial decisions in an area that 1) can change faster than opinions can be published on Westlaw, and More...
This is a well-argued memo which notes correctly the leading role of the market forces in resolving digital media copyright problems, and answering to the fast pace of technological development. More...
Historically, U.S. copyright law has sought to balance private incentives to engage in creative activity with the social benefits that arise from the widespread use of creative works. In the More...
The proposal of a market-based approach to evolving copyright questions is an approach that seems most likely to encourage technological innovation. Differential pricing is generated by the creators of new More...
(apologies to "The X-Files" for the title.)
The court's view of how the future might unfold is a very hopeful, positive vision, and I confess I am strongly drawn to More...
I do not think that iTunes is a good example of success for the music industry. Though iTunes is successful relative to other online music stores, its relevance is still More...
I'd be willing to place a bet against the powerful industry actors who [might] face extinction if their business models are threatened or eroded. Tim is certainly right that the More...
I disagree with the view that the market itself functions as a smooth mechanism that corrects imbalances in economic and social relations –theory, I believe, predominantly advanced by the Chicago More...
I believe that the "balance" you assert is generally in the best interest of innovation of internet technologies. However, while you recognize that finding the balance means finding the equilibrium More...
I agree with the given Court’s opinion about time and market forces. Before going into more details, I would like to start with some remarks on balance and the current More...
This is a very thorough and thoughtful treatment of the complexities hidden in the 9th Circuit's little paean to technological laissez-faire, and it does an excellent job of laying out More...
I believe that it is possible for market forces to provide equilibrium in balancing interests to ensure a continued level of artistic creativity. The problem, I believe, is the long More...
I believe the “balance” described above is likely to promote innovation in internet technologies.
Developers of internet technology are motivated to innovate if the profit opportunity is sufficiently large. When More...
I am not confident in the ability and desirability of government intervention into digital distribution of music. Nor do I agree with the cynical, albeit completely understandable, characterization of the More...
Despite my belief in market economies and tendency toward distrust of government regulation and intervention, I do not agree that market forces are the salve for all that ills digital More...
I agree with my colleague that the solution to the current “crisis” between intellectual property protection and new technologies does not require collapsing the copyright system as we know it. More...
I agree that “time and market forces” are better arbiters in balancing the competing interests with respect to emerging digital technologies. A key issue here is given the rate of More...
I agree in part and disagree in part with the model offered by my colleague. We both believe that the ideal system is one where copyright does not limit but More...
The 9th Circuit Court of Appeals was correct in asserting that “time and market forces” will provide “equilibrium in balancing interests” with respect not only to technologies for creation, use, More...
The author (of the post) gives excellent remarks and suggestions about balance and a model for digital media creation, use, and distribution. The author agrees with the court’s view about More...
Yes, I agree that “time and market forces” will “provide equilibrium in balancing interests”. It is heartening to note that in Grokster the court viewed the question before it as More...
My colleague describes an evolving use of digital media that would permit continued innovation while balancing the interests of artists and consumers. The new digital music paradigm would benefit everyone More...
In 2001, music sales in Taiwan were decreasing rapidly. Record labels were not seeking as much new talent as they had in the years past. There was a noticeable decline More...
The author posits that the right balance between innovation in internet technologies and the protection of creators is best harnessed through two ways: (i) the cooperative efforts of the government, More...
In the Grokster decision the Court not only gets the law and technology, but it also creates the right policy and prophesied that the digital world calls for fundamental changes More...
This comment is well articulated and I agree with the overall “balance” asserted in the argument. The competing interests between the growing technologies and the entertainment industries are problematic and More...
I agree with the circuit court judge in the Grokster opinion that courts should be wary of thwarting technological innovations in order to attempt to correct present market abuses by More...
I’ve been asked to respond to your very interesting submission, and have the following comments:
1. I don’t believe any court would ‘restructure’ the Napster judgement just to fit another More...
My colleague and I both agree that the court should allow the digital technology market to regulate itself, though we differ on to what degree that allowance should be. My More...
Q: Will time and market forces provide equilibrium in balancing interests with respect to the advent of new technologies? Therefore, is it prudent for Courts exercise caution before restructuring liability More...