COPYRIGHT CONUNDRUM

June 2003
		Is downloading copyrighted music tantamount to stealing? Lawrence Lessig, an expert on Internet law from Stanford University's Law School, and Matt Oppenheim, senior vice president of business and legal affairs for the Recording Industry Association of America, answer your questions about this heated debate.

Online NewsHour Special Report: Copyrighting in the Digital Age Forum Introduction If I can go to my local library and check out and copy a CD for free, why can't I copy a digital CD from an online friend? Given that distributing a large number of Xerox copies of a book without proper authorization is illegal, why would P2P be any different? Please explain how the DMCA will or will not impede further technological innovation and scientific research of new media devices? And, does this law violate my fair use rights as a consumer? Are the RIAA's "cease-and-desist" notices to alleged Internet pirates a violation of my personal property rights? How do musicians benefit from the RIAA's actions against alleged Internet 'pirates'? Would music companies consider developing an online service similar to that of Apple's iTunes or develop their own P2P networks? Does the U.S. Constitution rely on patent and copyright laws as way to advance the arts and sciences, or to protect business interests? Is it illegal to download the MP3 version of a song that I have already purchased? Would outlawing anti-copyright devices in theory extend copyright terms for eternity?

Chris from Santa Monica asks: To Mr. Lessig: please explain how anyone can claim that distributing copies of copyrighted music to a total stranger without authorization of the artist or song owner is not copyright infringement? No one thinks that making a large number of Xerox copies of a book and handing them out on the street is legal, so why is P2P [peer-to-peer] different? Matt Oppenheim from the Recording Industry Association of America responds: AMEN!! Lawrence Lessig from Stanford Law School responds: That would be hard for me to explain because I don't know anyone serious who doubts that under current law, individuals engage in copyright infringement when they make large quantities of copyrighted material available for others to copy without the permission of the copyright owner. But I also don't think that's the issue with P2P technologies. P2P technologies can be used for totally legal purposes, even if they are also used for illegal purposes. Indeed, as they develop, the vast majority of uses of P2P technology will be legal. As the Supreme Court has rightly held, a technology is not illegal if it is capable of "substantial noninfringing uses." Every P2P technology that I have seen satisfies this test.