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April 26, 2004

It's All About the Distribution - Free Speech, Telecomm and Copyright (Ernest Miller)

I've said it before. I'll say it again. When it comes to information, it is all about the distribution.

Last week, Ed Felten pointed out a great point about the important nexus between copyright law and communications regulation (Copyright and Cultural Policy). Felten was referencing James Grimmelmann's excellent LawMeme write-up on Seton Hall Law School's recent symposium, Peer to Peer at the Crossroads [PDF] (Conference Report: Peer-to-Peer at the Crossroads). Read the whole report, but the presentation that struck Felten's fancy (and mine) was UVa's Tim Wu: Copyright's Communication Policy [PDF]:

This article suggests that the main challenge for 21st century copyright are not challenges of authorship policy, but rather new and harder problems for copyright's communications policy: copyright's poorly understood role in regulating competition among rival disseminators. [emphasis in original]

Read the whole thing. It is a rich look at an extremely valuable way of considering copyright law.

Wu calls them disseminators, I call them distributors, but we both recognize their importance to copyright law. If, as I argue, copyright is about distribution, then it really makes sense to view copyright as communications policy (which is also about distribution) (It's All About the Distribution, Stupid).

I go even further, however, and claim that important elements of the First Amendment are also about distribution (It's Freedom of the Press, Stupid and Freedom of Speech as Distribution is a Good Thing).

Bonus: Check out the figure on page 11 of Wu's paper. Reminiscent of a layered protocol, don't you think?


Posted by yatta at 11:36 PM