The paper starts by asking whether P2P file-sharing of music can be stopped. Based on a discussion of (a) the interaction among law (regulation), technology and the market and (b) relevant social norms, the paper takes the view that it may not be possible to stop file-sharing. The paper then turns to an analysis of the economics and structure of a viable licensing model that could be implemented now without legislative or technological changes. The paper argues that P2P licensing could be good business. The paper ends with a brief look at (a) whether the licensing model could be exported to media other than music and (b) international issues.
Daniel J. Gervais,
The Price of Social Norms: Towards a Liability Regime for File-sharing,
J. Intell. Prop. L.
Available at: http://digitalcommons.law.uga.edu/jipl/vol12/iss1/3