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13 Vand. J. Ent. & Tech. L. 881 (2010-2011)
Digital Copyright and Confuzzling Rhetoric

handle is hein.journals/vanep13 and id is 889 raw text is: Digital Copyright and Confuzzling Rhetoric Peter K Yu* ABSTRACT For more than a decade, policymakers, industry representatives, consumer advocates, civil libertarians, academic commentators, and user communities have advanced a wide array of arguments for or against online file sharing and restrictive copyright standards. This Article begins by introducing two short stories to illustrate the rhetorical and analytical challenges in the digital copyright debate. It then examines eight unpersuasive arguments advanced by both sides of the debate-four from the industry and four from its opponents. The Article concludes by outlining six different strategies to help the industry develop more convincing proposals for digital copyright reform. TABLE OF CONTENTS I. BLACK OR WHITE-OR JUST GRAY? ...................... 883 A. If It's Not Yours, Give It Back!.............. ..... 885 B. Pay for Everything You Own! ....... ............. 885 C. Summary: Aiya!............................... 886 (0 2011 Peter K. Yu. Kern Family Chair in Intellectual Property Law and Director, Intellectual Property Law Center, Drake University Law School; Wenlan Scholar Chair Professor, Zhongnan University of Economics and Law; Visiting Professor of Law, Centre for International Intellectual Property Studies, University of Strasbourg. An earlier version of this Article was presented at Vanderbilt Journal of Entertainment and Technology Law Symposium at Vanderbilt University Law School, the 3rd Global Forum on Intellectual Property organized by the IP Academy in Singapore, and the 8th Annual Works in Progress Intellectual Property Colloquium at Boston University School of Law. The Author would like to thank Bruce Boyden, Laura Heymann, Liam O'Melinn, David Simon, Rebecca Tushnet, and the participants of these events for their valuable comments and suggestions. He is also grateful to Sarah Duncan, Kevin Lumpkin, Nathan McGregor and the staff of the the VANDERBILT JOURNAL OF ENTERTAINMENT AND TECHNOLOGY LAw for thoughtful and thorough editing; and to Erica Liabo and Cory McAnelly for excellent research and editorial assistance. 881

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