Peer to Peer and the Music Industry · The Criminalization of Sharing (Published in association with Theory, Culture & Society) by David, Matthew -- Read -- Imperial Library of Trantor

Index

Title Page Copyright Page Contents List of Figures and Tables Key Acronyms and Abbreviations 1 Introduction

Much too much? The file-sharing phenomenon The structure of this book The claim being made

2 The Global Network Society: Territorialisation and Deterritorialisation

Introduction The relative autonomy of the informational mode of development?

Critical theoretical challenges Feminist critiques

Informationalism and ‘capitalist perestroika’? Critical theoretical challenges The network as morphogenetic structure?

Ethnographic alternatives From ethnography to discourse Challenging discourse analysis from within

Post-structuralist approaches Contingency, contradiction and contestation Conclusions

3 File-Sharing: A Brief History

The hacker ethic - and U2’s manager Media - compression and transmission Early Napster The closure The rise of peer-to-peer The development of a common media and platform From peer-to-peer to peers-to-peer (torrents) Commercial development - MP3 players, iPods and iTunes File-sharing and social networking (decommodification and democratization) Mass/new media history Web 2.0 and 3.0 - recommercialization or not? From consumer revolts to revolts amongst artists

Introduction Intellectual property: an essential contradiction The pre-history of patents and copyrights Non-rivalousness Natural rights discourses versus utilitarian balance of interest constructions American, British and French traditions: freedom, control and enlightenment Towards an international system, but slowly Hollywood pirates, Mark Twain and Mickey Mouse The fall and resurgence of international IP regulation Fee culture or free culture? The young versus the old Conclusions: competition versus closure

5 Legal Genealogies

Introduction Technology and legality The US legal genealogy A curious case of international and inter-media comparison Comparative legal frameworks and interpretations National specifics from three cases: Canada, UK and Hong Kong The emperor’s new sword More on the Sony ruling Conclusions

6 Technical Mythologies and Security Risks

Introduction The surveillance society? From Foucault to Deleuze: from discipline towards control The panoptic sort? Cybercrime Surveillance - a limited hope for the recording industry Attempts at anonymity Counter surveillance The birth of digital rights management Hard and soft DRM today The problem with format capture: closure versus exposure Managing the horror The dialectic of technology Conclusions

7 Media Management

Introduction ‘Piracy funds terrorism and will destroy our society and your future enjoyment’ (FACT?) Intellectual property theft is the new street drug Intellectual property theft and illegal immigrants Intellectual property, identity theft and student plagiarism Intellectual property theft and airport security myths Media scopes: the next big ‘clampdown’ -July 2008: via ISPs The mass-media and new-media Spreading conspiracies Conclusions

8 Creativity as Performance: The Myth of Creative Capital

Introduction Artists should get paid like everybody else, right? Creative industries? The problem with music today The ‘love manifesto’ The emperors new sword revisited The shift ‘back’ from recording to performance The declining value of investment

The production function The manufacture of physical product Distribution and sales The promoter function Publishing rights and the management of wider rights

Creativity as embodiment and performance? Conclusions

9 Alternative Cultural Models of Participation, Communication and Reward?

Introduction Five interpretations of file-sharing Music today: myth and reality Six case studies

Arctic Monkeys Enter Shikari Simply Red The Charlatans Radiohead Madonna

General discussion Possible futures

Conclusions

10 Conclusions

Music and the network society Reflexive epistemological diversity Theories of the network society An essential outline of this book Versus ‘the winner loses’ theories of closure Attention to the open character of ongoing conflicts Capitalist glasnost and perestroika? The future is not what it used to be!

References Index