About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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
Peter K Yu*
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
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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most