40 Rutgers L.J. 565 (2008-2009)
Why Pirates (Still) Won't Behave: Regulating P2P in the Decade after Napster

handle is hein.journals/rutlj40 and id is 571 raw text is: RUTGERS LAW JOURNAL

VOLUME 40                      SPRING 2009                      NUMBER 3
WHY PIRATES (STILL) WON'T BEHAVE: REGULATING
P2P IN THE DECADE AFTER NAPSTER
Annemarie Bridy
Governing people, in the broad meaning of the word, governing people is not
a way to force people to do what the governor wants; it is always a versatile
equilibrium, with complementarity and conflicts between techniques which
assure coercion and processes through which the self is constructed or
modified by himself.
- Michel Foucault]
INTRODUCTION
Napster went legit years ago. Grokster and Aimster are fading memories.
And the once ubiquitous media coverage of peer to peer (P2P) file sharing
has dwindled to occasional updates on legal and tech blogs. But hundreds of
lawsuits, thousands of takedown notices, and millions of dollars later, victory
*   Associate Professor, University of Idaho College of Law. The author would like to
thank David Post and Clint Jeffery for comments on earlier drafts of this article and the
Institute for Intellectual Property and Information Law at the University of Houston Law
Center, which funded the project through its Sponsored Scholarship Grant Program. Thanks
also to Axel Krings and participants in the University of Idaho CS (Computer Science)
Colloquium, where portions of this article were presented.
1. Michel Foucault, About the Beginning of the Hermeneutics of the Self. Two Lectures
at Dartmouth, 21 POL. THEORY 198, 203-204 (1993) (footnote omitted).

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