Peers, Pirates, and Persuasion
173 Pages
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Peers, Pirates, and Persuasion


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Learn more
173 Pages


John Logie examines the rhetoric of the ongoing debate over peer-to-peer technologies, in particular Napster and its successors. The Grokster case, he contends, has already produced the chilling effects that will stifle the innovative spirit at the heart of the Internet and networked communities.



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Published 30 January 2006
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EAN13 9781602350069
Language English
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novel technology: peer-to-peer île-sharing networks.While broadband Internet services now allow speedy transfers of complex media îles, Americans face real uncertainty about whether peer-to-peer île sharing is or should be legal. John Logie analyzes the public arguments growing out of more than îve years of debate sparked by the advent of Napster, the îrst widely adopted peer-to-peer technology. The debate continues with the second wave of peer-to-peer île transfer utilities like Limewire, KaZaA, and BitTorrent. With Logie joins the likes of Lawrence Lessig, SivaVaidhyanathan, Jessica Litman, and James Boyle in the ongoing effort to challenge and change current copyright law so that it fulîlls its purpose of fostering creativity and innovation while protecting the rights of artists in an attention economy.
Logie examines metaphoric frames—warfare, theft, piracy, sharing, and hacking, for example—that dominate the peer-to-peer debates and demonstrably shape public policy on the use and exchange of digital media. identiîes the Napster case as a failed opportunity for a productive national discussion on intellectual property rights and responsibilities in digital environments. Logie closes by examining the U.S. Supreme Court’s ruling in the “Grokster” case, in which leading peer-to-peer companies were found to be actively inducing copyright infringement.The Grokster case, Logie contends, has already produced the chilling effects that will stie the innovative spirit at the heart of the Internet and networked communities.
John Logie is Associate Professor of Rhetoric at the University of Minnesota.
West Lafayette, IN 47906 w w w. p a r l o r p r e s s . c o m S A N: 2 5 4 8 8 7 9 ISBN 978-1-60235-006-9
PeeRs, PiRates, & PeRsuasion John Logie Peers, Pirates,& Persuasion
RhetoRic in the PeeR-to-PeeR Debates
PaRLoR PRess
John Logie
Peers, Pirates, and Persuasion
Retoric in te Peer-to-Peer Debates
Jon Logie
Parlor Press West Lafayette, Indiana
Parlor Press LLC, 816 Robinson Street, West Lafayette, Indiana 47906
Tis work is licensed under te Creative Commons Attribution-NonCom-mercial-NoDerivs 2.5 License, wit no prejudice to any material quoted fromPeers, Pirates, and Persuasion: Retoric in te Peer-to-Peer Debatesor oter texts under fair use principles. To view a copy of tis license, visit ttp:// send a letter to Cre-ative Commons, 543 Howard Street, 5t Floor, San Francisco, California, 94105, USA.
© 2006 by Parlor Press All rigts reserved. Printed in te United States of America
S A N: 2 5 4 – 8 8 7 9
Library of Congress Cataloging-in-Publication Data Logie, Jon.  Peers, pirates, and persuasion : retoric in te peer-to-peer debates / Jon Logie.  p. cm.  Includes bibliograpical references and index.  ISBN 978-1-60235-005-2 (pbk. : alk. paper) -- ISBN 978-1-60235-006-9 (Adobe ebook) 1. Sound recordings--Pirated editions--United States. 2. Music trade--Law and legislation--United States. 3. Peer-to-peer arcitecture (Computer networks)--Law and legislation--United States. 4. Downloading of data--Law and legislation--United States. I. Title.  KF3045.4.L64 2006  346.7304’82--dc22  2006103287 Cover and book design by David Blakesley “Digital Audio” © by Ben Goode. Used by permission. “Skull and Cross Bones” © by Lewis Wrigt. Used by permission. Printed on acid-free paper.
Parlor Press, LLC is an independent publiser of scolarly and trade ti-tles in print and multimedia formats. Tis book is available in paper-back, clot, and Adobe eBook formats from Parlor Press on te Internet at ttp://www.parlorpress.comtroug online and brick-and-mortar book- or stores. For submission information or to find out about Parlor Press publi-cations, write to Parlor Press, 816 Robinson Street, West Lafayette, Indiana, 47906, or e-mail
For my wife, Carol, witout wom . . .
Illustrationsviii Acknowledgmentsix 1 Introduction: Te Cat Is Out of te Bag3 2 Hackers, Crackers, and te Criminalization of Peer-to-Peer Tecnologies22 3 Te Positioning of Peer-to-Peer Transfers as Teft45 4 Peer-to-Peer Tecnologies as Piracy67 5 Te Problem of “Saring” in Digital Environments85 6 Peer-to-Peer as Combat105 7 Conclusion: Te Cat Came Back127 Appendix: On Images and Permissions149 Works Cited152 Index159
Figure 1. Te Ukrainian Iggy Pop MP3 Collection.10 Figure 2. Original and revised versions of te Napster logo.35 Figure 3. An image from Napster’s website depicting Sawn Fanning in a dormitory-like setting.37 Figure 4. Apple’s “Rip. Mix. Burn.” campaign.61 Figure 5. A first-generation iPod bearing te “Don’t Steal Music” sticker.62 Figure 6. Cake songs available via te Limewire peer-to-peer client.87 Figure 7. Te EFF’s campaign in support of “File-Saring.”101 Figure 8. Te logo for an anti-RIAA site; note te use of “Live Free or Die!”110 Figure 9: Te “Kill te RIAA” Protocol.111 Figure 10: Te warning posted by te MPAA to te former LokiTorrent site.124 Figure 11: Te SutdownT “Army of Mice” parody.125
Scolars wose researc addresses te field now referred to as “in-tellectual property” usually conclude tat writing is by no means a solitary pursuit. In my case, tis is especially true. As I complete tis project, I am keenly conscious tat I will not be able to offer a truly completelist of tose wo elped influence my tinking, productively callenged my arguments, or supported me in oter ways as tis proj-ect unfolded. First I must tank my colleagues in te University of Minnesota’s Department of Retoric, especially Art Walzer and Alan Gross wo were bot kind enoug to read and comment on early drafts of tis project. I am also grateful to Vickie Mikelonis for organizing te trip to Ukraine tat so powerfully illustrated tat te U.S.’s approac to copyrigt was—to put it mildly—iglycontext-specific. I ave also benefited from my work wit my department’s exceptional gradu-ate students, many of wom ave prompted me to revisit and revise some of my most-favored arguments. Five particularly deserving of my tanks are Laurie Jonson, Krista Kennedy, Clancy Ratliff, Jessica Reyman, and Jeff Ward. Lawrence Lessig and Siva Vaidyanatan were bot kind enoug to meet wit students in my graduate seminars. Bot ave also offered supportive comments as tis project unfolded and, in general, demon-strated te collegial generosity tat is especially common among scol-ars pursuing a critical reading of contemporary copyrigt. I am also especially grateful to Andrea Lunsford and Jim Porter, bot of wom ave, for many years, served as leaders in scolarsip addressing te intersections of composition and copyrigt. Andrea and Jim ave always been generous wit teir time, and ave on numerous occasions elped me to take important steps in my own development as a scolar. It was Andrea and Jim’s active, engaged leadersip tat attracted me to te Intellectual Property Caucus of te Conference on
College Composition and Communication (CCCC-IP). Tis organi-zation as consistently offered a ric site for engaged scolars to meet and discuss te implications of our ever-canging intellectual property laws for teacers of writing and retoric. Te University of Minnesota deserves my tanks for te Faculty Summer Researc Fellowsip tat funded a critical period in my de-velopment of tis project. Special tanks go to Carlie Lowe at Parlor Press, wose com-ments prompted significant improvements in tis text. Tanks also to Parlor Press publiser David Blakesley, wo is bringing a spirit of adventure back to scolarly publising. Tanks also to Mike Coen for aving ad te presence of mind to potograp te sticker on is first-generation iPod before unwrapping it. And tanks to te editors of botFirst Mondayand “Te Interna-tional Handbook of Virtual Learning Environments” for publising earlier versions of some of te material found erein. But above all, I wis to tank my family. My immediate family— my wife Carol, and my daugters, Nora and Sane—deserve special acknowledgment for aving put up wit my diminised availability as I pursued te final stages of my first draft. I am immensely apprecia-tive for teir gifts of time and space to pursue tis project. My parents, siblings, and in-laws ave also been supportive and understanding as I pressed toward publication. Finally, I am grateful to te musicians wose work I listened to as I wrote. I ope tis work elps fuel a move toward Internet-based music distribution tat fairly and fully compensates you for your tremendous contributions to our culture.
Peers, Pirates, and Persuasion
Wen a new tecnology strikes a society, te most natural reaction is to clutc at te immediately pre-ceding period for familiar and comforting images. . . . Wat is called progress and advanced tinking is nearly always of te rear-view mirror variety.
Marsall McLuan and Quentin Fiore,Te Medium is te Massage