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Moral panics and the copyright wars

Author: Patry, William Publisher: Oxford University Press (OUP) 2009.Language: EnglishDescription: 266 p. ; 24 cm.ISBN: 9780195385649Type of document: BookBibliography/Index: Includes index
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Item type Current location Collection Call number Status Date due Barcode Item holds
Book Asia Campus
Main Collection
Print K740 .P38 2009
(Browse shelf)
900199414
Available 900199414
Total holds: 0

Includes index

Digitized

Moral Panics and the Copyright Wars Contents Acknowledgments xi Disclaimer xiii Introduction xv CHAPTER 1 How the Copyright Wars Are Being Fought and Why 1 The Copyright Wars and Business Models 2 The Internet and Push versus Pull Marketing 5 Appetite for Self-Destruction: The Record Industry's Failure to Offer an Alternative to Napster 8 The Copyright Wars and the Great Cultural Revolution 10 The Digital Guillotine 11 The Copyright Wars and Framing 14 The Copyright Wars and Piracy 15 The Copyright Wars and Marketing Myopia 23 Control as the Business Model 26 Chicken Little and False Figures 30 Copyright, Innovation, and Joseph Schumpeter's "Creative Destruction" 36 The Copyright Wars as a Rearguard Effort to Stave Off Innovation 39 CHAPTER 2 The Role of Metaphors in Understanding 43 Figurative Metaphors 44 I.A. Richards and the Beginning of Conceptual Metaphors 45 Max Black's Theory of Associated Commonplaces 46 The Role of Repetition in Metaphors 47 Conceptual Metaphors 49 Metaphors and Emotion 52 Emotions and Cognitive Misers 54 CHAPTER 3 Metaphors and the Law 57 Ideas as Metaphors 58 CHAPTER 4 The Mythical Origins of Copyright and Three Favorite Copyright Metaphors 61 The Mythical Origins of Copyright 61 The Utilitarian/Consequentialist Origin Story 62 Competition and IP Rights 63 The Labor Origin Story 65 Natural Rights and Geniuses 65 Copyright Has Historically Been Unimportant to Authors 67 Three Favorite Copyright Metaphors 69 Authors as the Parents of their Works: The Birth Metaphor 69 No Author Is an Island 71 Copyright Is an Economic Commodity 75 Orphan Works 76 The Agrarian Metaphor: Reaping What You Haven't Sown 78 Origins of the Metaphor 79 Rejection of the Metaphor in the United States 83 Forms of the Metaphor 84 Thieves and Trespassers, Pirates and Parasites 86 CHAPTER 5 Property as Social Relationships 97 The Myths of Economic Freedom and Market Fundamentalism 98 Social Relationships 102 Use of Metaphors in Establishing Claims to Property Rights 104 Blackstone and the Nature of Property 105 CHAPTER 6 Why Classifying Copyright as Property Is Important in the Copyright Wars 109 Copyright as Social Relations, Not as a Property Right 109 The Ahistorical Claim that Copyright Is a Natural Property Right 112 Authors and Trickle Down Economics 114 Copyright Now as Then: Plus ca Change, Plus Cest la Méme Chose 119 Copyright as a Statutory Tort 121 Property Rights Involve Burdens, Not Just Benefits 122 Why Do Copyright Owners Continue to Refer to Copyright as a Property Right? 124 Property Rights as a Burden-Shifting Tool 124 The Endowment and Attachment Effects 129 The Endowment Effect 130 The Attachment Effect 131 CHAPTER 7 Moral Panics, Folk Devils, and Fear as a Tactical Weapon 133 Moral Panics 133 Folk Devils 138 CHAPTER 8 Copyright Owners and Moral Panics 139 Jack Valenti: Master of Moral Panics 139 Moral Panics, Home Video, and the Boston Strangler: The Real Story 142 The Home Video Market and Thomas Edison 142 Cartrivision and the First Home Rental Market 144 The Betamax Case and the Fight for the Home Video Market 144 Hollywood and Video Rental 154 The Redbox Suit 158 The Digital Millennium Copyright Act 161 Access Controls 161 Takedown Notices Under the DMCA: Suppression of Free Speech and Creativity 169 CHAPTER 9 How Innovation Occurs: Creative Destruction and Disruptive Technologies 171 The Design of the Internet and the World Wide Web 178 The Barbarian as the Gatekeeper 181 The Associated Press 182 ACAP 186 South Korea and Japan: The Future Is Here 190 South Korea 190 Japan 195 Conclusion 198 Notes 201 Index 253

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