Franck Macrez nous donne sur la liste de discussion escape_l les références et résumé de deux articles qui permettent de cadrer les véritables enjeux au projet de loi DADVSI, je cite :

1. R.Polk Wagner confirme et affine son analyse du DMCA: "the DMCA should be reconceptualized as an effort in Congress to alter the regulatory balance between law and software rather than an effort to expand the scope of copyright protection"

2. Une analyse d'économistes sur l'impact des procès sur l'usage du P2P... proche de pas grand chose.

Franck

1. Reconsidering the DMCA

This brief essay extends the analysis in On Software Regulation, 78 S. Cal. L. Rev. 457 (2005), to the anticircumvention provisions of the Digital Millennium Copyright Act. I argue that the DMCA should be reconceptualized as an effort in Congress to alter the regulatory balance between law and software rather than an effort to expand the scope of copyright protection. I suggest that this regulatory strategy, which I call legal preemption, is likely to be an emerging feature of legislation in the years ahead.

2. "Impact of Legal Threats on Online Music Sharing Activity: An Analysis of Music Industry Legal Actions" Journal of Law and Economics, Forthcoming

The music industry has repeatedly expressed concerns over online music sharing activity and its potentially devastating impact on revenues. Until recently, attempts to control online file-sharing have been primarily through consumer education and legal action against the operators of networks that facilitated file-sharing.

Recent legal action against individual file-sharers marked an unprecedented shift in the industry's strategy in its latest anti-piracy campaign. The industry chose to focus on a relatively small group of individuals and maximize the publicity surrounding their legal action to discourage overall participation in file-sharing networks. However, the impact of these legal threats on individual file sharers is little known. In this research, we passively track the online file-sharing behavior of over 2000 individuals and examine the impact of these threats on their behavior.

Our results suggest that individuals who share a substantial number of music files react to legal threats differently from those who share a lesser number of files. Importantly, our analysis indicates that even after these legal threats, overall availability of music files on these networks remains substantial.

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