Pirates of the Digital Millennium How the Intellectual Property Wars Damage Our Personal
Freedoms, Our Jobs, and the World Economy
By John Gantz and Jack B. Rochester
Financial Times Prentice Hall
The war over intellectual property is being fought everywhere on earth.
It's a battle between media conglomerates and computer-wielding teenagers,
between billion-dollar technology companies and billion-dollar content
companies, between artists and artists, nations and nations. This is not
only a top technology story, but a cultural, economic, and entertainment
Now, IDC's Research, John Gantz, and Jack B. Rochester,
authors of the best-selling book of the 1980s, The Naked Computer, take
on the subject from every side: culture, ethics, law, business, law enforcement,
and even geopolitics.
Starting with ground-breaking research from IDC on software piracy around
the globe (see IDC Inside), and fresh research conducted by IDC for the
book on consumer attitudes about music and movie piracy, Gantz and Rochester
from the streets of Bangkok to the halls of Congress, from secret duplicating
factories in Paraguay to college dorm rooms. They examine the past, present
and future of copyright infringement and enforcement, addressing questions
Do strict copyright laws protect creativity – or stifle
Does digital piracy only hurt U.S. media conglomerates – or
small-time artists and authors in local markets?
Is the Digital Millennium Copyright Act a much needed update
to laws that lag technology – or a bludgeon in the hands of media
companies that can't come to terms with the future?
Are all 70 million-plus music, movie, and software downloaders
unethical thieves? – or is there something wrong with the current
system that needs to be fixed?
Will suing customers, lobbying lawmakers, and sending out
notice-and-takedown letters be sufficient to staunch piracy – or
are their other solutions?
Are you or your kids committing piracy – and if so,
should you do something about it?
Chock full of references, sidebars, tables and graphs, fresh research,
and un-biased but lively and entertaining narrative (see Did
You Know), Pirates
of the Digital Millennium is the book-of-record on the subject of digital
piracy. If you are in the high tech or media industry, if you are involved
property issues, or if you are just a business person or parent concerned
about the issue, this may be the most important book you can buy on the
See What Others Say About Pirates of the Digital
Lester Thurow, Professor of Economics and Business at
MIT, former dean of the MIT Sloan School of Business, and author of 13
books, including The Zero Sum Society and the latest, Fortune Favors the
"Capitalism does not work unless everyone knows who
has the right to sell what and those rights are enforced. As we move into
the digital age nothing is more important in understanding the issues about
digital piracy and what to do about them. The place to start gaining that
understanding is with Pirates of the Digital Millennium."
Paul Saffo Director, Institute of the Future
"Pirates takes us on a roller coaster ride from 18th
century London bookshops to the 21st century pirate bazaars of Moscow,
Beijing and New York City. This is the best book yet on the intellectual
property wars, and a damn good read besides!"
Patrick McGovern, Chairman and Founder, IDG
"In Pirates of the Digital Millennium, Gantz and Rochester
zero in on the critical issue of protection for intellectual property in
a way that everyone - parents, business people, media executives, and artists
- can understand. We have entered the digital millennium, and this book
looks at not only how we got there but, more importantly, where we are
going when it comes to digital piracy. It's entertaining and serious at
the same time, offering a 360-degree view of the issue with fresh research
and compelling insights!"
Brad Smith, Microsoft Senior Vice President, General Counsel,
and Corporate Secretary
"Software piracy remains a major problem around the
globe, negating literally thousands of person-years of intellectual effort.
This book provides a thorough and detailed analysis of the economic damage
that piracy causes both to local economies and the technology industry.
Gantz and Rochester describe how technology, society, and globalization
have evolved to make piracy easier than ever and highlight the challenges
faced by industries trying to adapt to this change and enforcement organizations
trying to stem the tide. This is an important read for media executives,
college students, parents, intellectual property lawyers, and, of course,
would-be digital pirates."
Bob Metcalf, Ethernet inventor, 3Com founder, former columnist
for Infoworld, and Polaris Partner
"We'll take another few decades fully working out the
ethics and economics of sharing copied bits, but Gantz and Rochester have
gone deep and given us good working first draft. Time to reconsider the
Ten Commandments now that stone tablets have been replaced by KaZaA."
Geoffrey Moore, Author of Crossing
the Chasm, Inside the
Tornado, and Living on the Fault Line, founder of The Chasm Group, and
Managing Director of TCG Advisors
"Pirates, like any predator, are agents of Darwinian
evolution, forcing adaptations and driving next-generation innovations.
Gantz and Rochester do a masterful job of analyzing this process and the
impact piracy is having at the intersection of business, technology, and
society. The moral? What doesn't kill us will make us stronger."
Jonathan Zittrain, Assistant Professor of Law, Harvard Law
School, Co-Founder, Berkman Center for Internet & Society
"The authors have taken a welcome step back from the
copyfights that have consumed the digerati at the turn of the millennium,
placing them into a historical, social, and ethical context. This book
provides a roadmap for a detente that could end the arms race and allow
new forms of creativity and intellectual productivity that we know can
be unleashed, if only the right legal and economic knots can be untied."
Tracy Kidder, Pulitzer and National Book Award prize winner,
writer for The Atlantic, and author of House, Old Friends, Among
Home Town, Mountains Beyond Mountains and the international best-seller,
Soul of a New Machine
"The pirates in this book include both teenagers working
in their bedrooms and corporate executives in the offices, hijacking the
gift of digital technology. This is a well-researched and engaging work
on a subject of great importance now and for the future."
Lars S. Smith, Assistant Professor of Law, Trademarks and
Intellectual Property, Louis D. Brandeis School of Law, University of Louisville
"Much has been written about the legal theories surrounding
technology and piracy. What has been lacking is the empirical research
to explain the practical impacts of piracy and the legal efforts to stamp
it out. Pirates of the Digital Millennium does just that, and more. John
and Jack have taken a problem that's been with us for 500 years and put
it into a 21st century context. Technology advances have always affected
the rules for copyright protection -- and the ease with which those rules
can be circumvented. John and Jack show that downloading pirated music
from a P2P network, justified on the grounds that "monetary interests
precede art" in the recording industry, potentially stunts the development
of diverse music and movie industries around the globe. At the same time,
the legal response is heavy handed, denying access for all to digital works
to prevent the illegal behavior by some, making criminals out of our children
for culturally accepted behavior. An important work for legal, business and
sociological scholars alike, not to mention parents, teachers, and kids."
Hugo Burnham, teacher, New England Institute of Art
and founding member of English post-punk band Gang of Four, whose 1980
debut album "Entertainment" was
named one of the 500 greatest albums of all-time by Rolling Stone magazine
"I ate, drank, lived, and loved the music business for
25 years. Today, I see a business that has done its best to kill itself
- first creatively, and now technologically. The music business, big and
small, could have owned the downloading business, were it not for the collective
of aging Luddites who run things, who are holding on desperately to a system
that has sustained them for so long that their drive to innovate, educate,
and entertain has ossified. There is so much music - new and old - out
there that people either have no access to or have to jump through increasingly
costly hoops to find. As a former artist who owns copyrighted music, I
am convinced people will pay for it -- if it is priced right and so easily
available in this digital age. Jack and John's book is essential reading
for anyone who wants or needs the music industry to have any sort of viable
future. In these pages readers will find clear information that allows
them to make the distinction between the facts and the overwhelming fiction
on this great subject, to make informed decisions. The reader will find
not just the seeds of change, but the leaves (and stems) as well."