CONTENTS
EXECUTIVE SUMMARY = 1
1 THE EMERGENCE OF THE DIGITAL DILEMMA = 23
An Enduring Balance Upset? = 24
Scope of the Report = 27
Origins of the Issues = 28
Technology Has Changed : Digital Information, Networks, and the Web = 28
Why Digital Information Matters = 28
Why Computer Networks Matter : Economics and Speed of Distribution = 38
Why the Web Matters = 39
The Programmable Computer Makes a Difference = 43
Technology Has Emerged into Everyday Life, Running Headlong into Intellectual Property = 45
Intellectual Property Law Is Complex = 47
Cyberspace Is an Odd New World = 49
What Makes Progress Difficult? = 51
Stakeholders' Interests Are Diverse = 51
There Is a Variety of Forces at Work = 52
Many Threads Are Intertwined : Technology, Law, Economics, Psychology and Sociology, and Public Policy = 53
The Problems Are Global, with Differing Views, Laws, and Enforcement Around the World = 54
Potential Solutions Have to Be Evaluated from a Variety of Perspectives = 58
Road Map for the Report = 60
Addendum : The Concerns of Stakeholders = 61
Creators of Intellectual Property = 61
Distributors = 65
Schools and Libraries = 68
The Research Community = 70
The General Public = 71
Other Consumers and Producers of Intellectual Property = 73
Governmental Organizations = 73
Private Sector Organizations = 74
Journalists = 75
Standards Organizations = 75
2 MUSIC : INTELLECTUAL PROPERTY'S CANARY IN THE DIGITAL COAL MINE = 76
Why Music? = 77
W(h)ither the Market? = 78
What Can Be Done? = 79
The Business Model Response = 79
Make the Content Easier and Cheaper to Buy Than to Steal = 80
Use Digital Content to Promote the Traditional Product = 81
Give Away (Some) Digital Content and Focus on Auxiliary Markets = 82
The Technical Protection Response = 83
Mark the Bits = 83
Reattach the Bits = 84
A Scenario = 86
Constraints on Technological Solutions = 87
Industry Consequences of the New Technology = 89
The Broader Lessons = 94
3 PUBLIC ACCESS TO THE INTELLECTUAL, CULTURAL, AND SOCIAL RECORD = 96
Public Access Is an Important Goal of Copyright = 97
Access : Licensing Offers Both Promise and Peril = 100
Access and Technical Protection Services = 104
The New Information Environment Challenges Some Access Rules = 106
The New Information Environment Blurs the Distinction Between Public and Private = 107
Noncopyrightable Databases Present Access Challenges = 109
The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information = 111
Archiving of Digital Information Presents Difficulties = 113
Fundamental Intellectual and Technical Problems in Archiving = 116
Intellectual Property and Archiving of Digital Materials = 119
Technical Protection Services and Archiving = 121
4 INDIVIDUAL BEHAVIOR, PRIVATE USE AND FAIR USE, AND THE SYSTEM FOR COPYRIGHT = 123
Understanding Copyright in the Digital Environment = 123
The General Public = 124
Rights Holders = 128
The Challenge of Private Use and Fair Use with Digital Information = 129
The Wide Range of Private Use Copying = 130
Arguments That Private Use Copying Is Not Fair Use = 132
Arguments That Private Use Copying Is Fair Use = 133
Private Use Copying : The Committee's Conclusions = 135
The Future of Fair Use and Other Copyright Exceptions = 136
Is "Copy" Still an Appropriate Fundamental Concept? = 140
Control of Copying = 140
Is Control of Copying the Right Mechanism in the Digital Age? = 141
What Can Be Done? = 144
Addendum : Sections 106, 107, and 109 of the U. S. Copyright Law = 145
5 PROTECTING DIGITAL INTELLECTUAL PROPERTY : MEANS AND MEASUREMENTS = 152
Technical Protection = 153
Encryption : An Underpinning Technology for Technical Protection Service Components = 156
Access Control in Bounded Communities = 158
Enforcement of Access and Use Control in Open Communities = 159
Copy Detection in Open Communities : Marking and Monitoring = 164
Trusted Systems = 167
Protection Technologies for Niches and Special-Purpose Devices = 171
Technical Protection Services, Testing, and the Digital Millennium Copyright Act of 1998 = 171
What Makes a Technical Protection Service Successful? = 173
The Role of Business Models in the Protection of Intellectual Property = 176
The Impact of the Digital Environment on Business Models = 177
Business Models for Handling Information = 179
Traditional Business Models = 179
Intellectual Property Implications of Traditional Business Models = 180
Less Traditional Business Models = 181
Intellectual Property Implications of Less Traditional Business Models = 182
Business Models as a Means of Dealing with Intellectual Property = 183
Illegal Commercial Copying = 186
The Impact of Granting Patents for Information Innovations = 192
6 CONCLUSIONS AND RECOMMENDATIONS = 199
The Digital Dilemma : Implications for Public Access = 201
The Value of Public Access = 201
Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services = 202
Publication and Private Distribution = 205
Mass Market Licenses = 205
Archiving and Preservation of Digital Information = 206
Digital Archives = 206
Preservation = 209
Access to Federal Government Information = 211
The Digital Dilemma : Implications for Individual Behavior = 212
Perceptions and Behavior of Individuals = 212
Fair Use and Private Use Copying = 213
Copyright Education = 216
Moving Beyond the Digital Dilemma : Additional Mechanisms for Making Progress = 217
Technical Protection Services = 217
The Digital Millennium Copyright Act of 1998 = 221
Business Models = 224
The Interaction of Technical Protection Services, Business Models, Law, and Public Policy = 225
Moving Beyond the Dilemma : A Call for Research and Improved Data = 225
Illegal Commercial Copying = 226
Research on the Economics of Copyright, Use of Patents, and Cyber Law = 227
Is "Copy" Still the Appropriate Foundational Concept? = 230
Content Creators and the Digital Environment = 232
The Process of Formulating Law and Public Policy = 233
Principles for the Formulation of Law and Public Policy = 235
Concluding Remarks = 239
BIBLIOGRAPHY = 240
APPENDIXES
A Study Committee Biographies = 253
B Briefers to the Committee = 261
C Networks : How the Internet Works = 263
D Information Economics : A Primer = 271
F Technologies for Intellectual Property Protection = 282
F Copyright Education = 304
G The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures = 311
INDEX = 331
