Page 9

• dfc8d0

  unprecedented economic shock that has forced us to adapt, think in new ways, and act quickly

• dfc8d0

  people facing debilitating insecurity.

• dfc8d0

  lockdown

• dfc8d0

  coronavirus pandemic

• dfc8d0

  pandemic also triggered a sort of "forced" digitalization

• dfc8d0

  critical infrastructures

• dfc8d0

  5G networks, cloud computing, and artificial intelligence (AI)

• dfc8d0

  For Big Tech, the pandemic was a positive shock

• dfc8d0

  8 trillion

• dfc8d0

  digital capitalism

• dfc8d0

  labor market

• dfc8d0

  monopoly power

• dfc8d0

  civil liberties and democracy.

Page 10

• dfc8d0

  empowering them to use technology to participate in politics—

• dfc8d0

  we need to repoliticize the question of technology

• dfc8d0

  necessary to give it a direction.

• dfc8d0

  of future welfare services and critical infrastructures. Accelerating digitalization is not enough.

• dfc8d0

  new social contract

• dfc8d0

  for digital society.

• dfc8d0

  digital sovereignty

• dfc8d0

  Digital sovereignty means that as a society we should be able to set the direction of technological progress

• dfc8d0

  put technology and data at the service of the people.

• dfc8d0

  directing technological development to solve the most pressing social and environmental issues

• dfc8d0

  European Union needs to remain relevant as a global economic power through its scientific and technological innovation, taking back control of connectivity, data, microprocessors, and 5G

Page 12

• dfc8d0

  In the fourth industrial revolution, data and artificial intelligence are essential digital infrastructures that are critical for political and economic activity

• dfc8d0

  Data has become the most valuable commodity in the world. It is the raw material of the digital economy, and fuels AI.

• ffff00

  Data has become the most valuable commodity in the world. It is the raw material of the digital economy, and fuels AI.

• dfc8d0

  Data cannot be controlled by a handful of tech giants

• dfc8d0

  democratize data ownership

Page 13

• dfc8d0

  move from data extractivism to data commons,

• dfc8d0

  data as a public good

• dfc8d0

  give people better control of their data

• dfc8d0

  DECODE

• dfc8d0

  blockchains and attribute-based

Page 14

• dfc8d0

  like data and AI visible and understandable, grounding such knowledge in a new kind of public space.

• dfc8d0

  "Centre Pompidou for the digital age"

• dfc8d0

  learn digital skills

Page 15

• dfc8d0

  DECODE

• dfc8d0

  digital skills

Page 16

• dfc8d0

  Big Tech creates data monopolies

• dfc8d0

  digital colony

• dfc8d0

  n China a

• dfc8d0

  United States

Page 18

• dfc8d0

  Data Center Architecture and the Future of Democracy Niklas Maak

Page 19

• dfc8d0

  The Cloud Is Burning

• dfc8d0

  March 10, 2021

• dfc8d0

  largest hosting provider OVH were destroyed

• ffff00

  OVH

• ffff00

  3.6 million websites went offline,

• ffebeb

  data.gouv.fr.

Page 20

• ffebeb

  data is the new gold,

• ffebeb

  transition from the culture of combustion to the digital age

• ffebeb

  from the fossil to the immaterial,

• ffff00

  t castles u

• 00ffff

  NOTE :
  [ Castle ]
  null

• ffebeb

  They are to the digital world what castles used to be in medieval times: the seat of power.

• ffebeb

  66 hectares

Page 21

• ffebeb

  endless racks of flashing lights

• ffebeb

  New Building Typology of Our Time— But Also the Most Invisible

• ffff00

  Invisible

• ffff00

  castles of the feudal lords who controlled the land

Page 22

• ffebeb

  Amazon Theatre, and no Facebook Towe

• ffebeb

  Facebook's headquarters with a roof so green

• ffebeb

  The new technological force has become invisibl

• ffebeb

  They are meant to be the opposite of architecture: saying nothing, betraying nothing, offering no surface for attack.

• ffff00

  no surface for attack.

• ffff00

  data centers, which after all store one of the greatest treasures of the information age

• ffff00

  faceless hangars

• ffff00

  Digitalization is driving the city into an elementary structural crisis.

• 00ffff

  NOTE :
  [ Digitalisation des sociabilités (past covid) new usages

• problématique
  · Not : marche à suivre/plan pour un ecological DC
  · Not : history of DC (like universities searches)
  --> Need to integrate DC in our lifes : --> data empowerment = data as common well
  ]
  null

Page 23

• ffff00

  server farms

• ffff00

  bars but on Zoom

Page 24

• ffff00

  This book is not intended to provide blueprints for the most beautiful or ecological server farm

• a0a0a3

  nor is it

• ffff00

  nor is it a comprehensive cultural history of the data center

• ffff00

  Rather, it brings together thoughts, designs, and ideas that emerged in various seminars at the Harvard Graduate School of Design

• ffff00

  Städelschule in Frankfurt am Main

• ffff00

  why most server farms are concealed so invisibly on the outskirts of cities

• 00ff00

  why

• ffff00

  their placement and architecture do not display the fact that the ownership of data in a digital society translates into extreme economic and political power.

• 00ff00

  why t

• ff5400

  there needs to be a physical place where every visitor can understand and see what a digital society could do with the data

• 00ff00

  They argue

• 00ffff

  NOTE :
  [ Quantité de datas
  Cout énergétique
  . China biggest DC
  . Apple clean energy

  Microsoft underwater DC ]

  null

• ffff00

  The biggest data center in the world, operated by China Telecom, sprawls over 25 square kilometers

• ffff00

  1.2 million servers

Page 25

• ffff00

  climate neutrality in the near future.

• ffebeb

  every Facebook post, every Google search requires storage space, and data storage requires enormous amounts of energy.

• ffff00

  storage space,

• ffff00

  amounts of energy.

• ffff00

  damages the environment more than the total of all air travel

• ffff00

  kilowatt hours in 2018—

• ffff00

  Netflix, YouTube

• ffff00

  200 billion kilowatt hours

• ffff00

  The Internet of Things needs more electricity than Germany currently generates with wind and solar power

• ffff00

  no one who sends someone a photo via WhatsApp thinks about the fact that this action starts up computers

Page 26

• ffff00

  8 percent of the electricity produced worldwide

• ffff00

  Apple now builds its own solar parks and runs its data centers on green electricity.

• ffebeb

  Data centers often have to be air-conditioned

• ffebeb

  up to 40 percent—is used for cooling

• ffff00

  Microsoft therefore packed twelve racks with 864

Page 27

• ffff00

  servers and 27.6 petabytes of storage into a metal cylinder

• ffff00

  A submarine cable conducts electricity into the data U-boat and transmits the data

• 00ffff

  For up to five years, Microsoft wants to let its servers work independently on the ocean floor

• 00ffff

  without direct human supervision, an inaccessibility that has almost something romantic

• 00ffff

  NOTE :
  [ 2020

• https://www.numerama.com/tech/648236-sous-leau-depuis-deux-ans-le-data-center-sous-marin-de-microsoft-a-tenu.html

• https://news.microsoft.com/source/features/sustainability/project-natick-underwater-datacenter/ ]
  null

• ffff00

  small- and medium-sized companies

• ffff00

  "hyperscaler" is Amazon Web Services (AWS)

Page 28

• 00ffff

  NOTE :
  [ Data fuel .. ia
  accept cookies
  sign for non explicite data usage
  Shoshana_Z capital iresistible
  -> ? que font ils de ces trillions $ ]
  null

• ffff00

  the opacity of data storage also means that in many of these digital warehouses personal data is analyzed and sold in a completely opaque manner.

• ffff00

  200 billion

• 00ff00

  data is the fuel

• 00ff00

  economic treasure

• ffff00

  contrast to the naivete with which everybody presses the "accept all"

• ffebeb

  naivete

Page 29

• ffff00

  This lack of concern is already the first success in the manipulation of consciousness by surveillance capitalism

• ffebeb

  .

• ffff00

  promising comfort, undermines the central rights of freedom and self-determination.

• ff5400

  The Age of Surveillance Capitalism,

• ff5400

  Shoshana Zuboff,

• ffff00

  surveillance dividend, because it is based largely on the systematic exploitation of personal data

• ffff00

  irresistibly attractive to investors.

• ffff00

  hamster in a digital wheel

• ffebeb

  Google subsidiary Nest at home

Page 30

• ffebeb

  implicitly sign at least a thousand privacy-related contracts without knowing it."8

• ffebeb

  the rhetorical dissolution of manifest political and economic power apparatuses in the "cloud," makes us almost forget about some urgent questions

• ffebeb

  e invisibility of the server,

• 00ff00

  Where will the trillions go that can be made from selling and mining citizens' dat

• 00ff00

  will set the rules for how it is analyzed?

• ffff00

  reclaiming ownership over our data

• ffff00

  delegate civic rights to private parties anymore

• 00ffff

  NOTE :
  [ Covid

• Trump
  Cambridge Analytica ]
  null

• 00ffff

  d Health,

• 00ffff

  coronavirus

• 00ffff

  election of Donald Trump

• ffff00

  large-scale manipulation of voters

• ffff00

  87 million Facebook users and their friends had been collected a

• 00ffff

  Cambridge Analytica

• ffff00

  develop a psychologically tailored campaign

• 00ffff

  This is Your Digital Life

Page 31

• ff5400

  Rashida Richardson

• ff5400

  Dirty Data, Bad Predictions

• ffff00

  "racially biased or otherwise illegal"

• ffff00

  predictive policing tools

• ffff00

  send officers to the scene of a crime before it happens,

• ff5400

  Deborah Raji.

• ffff00

  server farm becomes an ideological arsenal

• ffbd6e

  if the methods of evaluating what information is stored on the servers

• ffebeb

  cannot, or need not, be exposed to public debate

• 00ff00

  public debate

• ffebeb

  because they, like the location of the computers, are opaque,

• ffbd6e

  the digital society produces axioms that are all the more difficult to question

• 00ff00

  difficult to question because they are difficult to trace

• 00ff00

  halo of technological objectivity.

• ffebeb

  is still humans who have to feed the computer

• ffebeb

  NOTE :
  [ de Holywood
  Tout le monde peut réussir
  ( optimisme de changement transformateur )
  --> SV dream pesimist
  '' Continuity rather than change ''
  ....
  représent futur as continuity of the past ]
  null

• ffff00

  The volumes of data that people leave behind on the Internet were used to predict their behavior by assuming continuity rather than change

• ffebeb

  predict their behavior by assuming

• ffebeb

  human nature

• 00ff00

  by assuming continuity rather than change.

• a0a0a3

  continuity rather than change.

• 00ffff

  problematic proposition about the nature of human beings

• 00ffff

  represent the future as a continuation of the past.

• dfc8d0

  Algorithms programmed in this way can only represent the future as a continuation of the past.

• 00ffff

  NOTE :
  [ Billais raciaux
  Opacity
  Obstruction du débat public ]
  null

Page 32

• dfc8d0

  California

• 00ffff

  two essentially differing narratives about "human nature."

• dfc8d0

  differing narratives about "human nature."

• 00ffff

  Hollywood, the myth-machine

• ffff00

  story of people who, through enormous effort, create the unexpected, the improbable

• 00ff00

  people can do things that no one thought they could.

• a0a0a3

  mythmachine

• 00ffff

  . Silicon Valley,

• 00ff00

  masks itself in the cloudy rhetoric of "making the world a better place,"

• ffebeb

  "making the world a better place,"

• ffebeb

  better place,"

• dfc8d0

  programmers of its algorithms seem to cultivate a rather gloomy image of humanity:

• ffebeb

  better place,

• ffebeb

  viewing people as potential delinquents

• ffebeb

  prevent them from committing transgressions

• ffff00

  people as potential delinquents,

• 00ff00

  Algorithm Is Always Right:

• 00ffff

  cars even have cameras

• ffff00

  "detected fatigue,

• ffff00

  is involved in an accident, then his own car could turn against him

• 00ffff

  Kafkaesque

• 00ffff

  self-assessment

• 00ffff

  self-perception

• 00ff00

  he must now prove that the algorithm was mistaken in its assessment.

• ffff00

  the basic assumption is that the imperfect human being should be monitored for his or her own good

• ffff00

  machine should make decisions for him or her

• 00ffff

  negative view of the human being

Page 33

• ff5400

  fuck the algorithm

• 00ff00

  "We have to remember that the big idea of this digital century was the democratization of knowledge,"

• ffff00

  "Surveillance capitalism has usurped it by declaring our private experience a free commodity, open to exploitation

• ff5400

  Zuboff

• dfc8d0

  stolen goods

• 00ff00

  We need to return to the initial promise of the digital era.

Page 1

• dc8add

  Cite as: Jessica Wood, The Darknet: A Digital Copyright Revolution, XVI Rich. (2010), http://jolt.richmond.edu/v16i4/article14.pdf. J.L. & Tech. 14

Page 2

• fc9494

  Part I examines the prospect that, due to the Darknet, it is virtually impossible to control digital copying. Peer production is increasing and darknets are becoming more prevalent. Liability rules, stringent copyrights, and technological protection measures stifle innovation, smother creation, and force consumers further underground into darknets. The Darknet poses a particular threat because it is impossible to track or proscribe user behavior.

• 00ff00

  Part I

• ffff00

  the Darknet will render Liability rules, stringent copyrights, and technological protection measures stifle innovation, smother creation, and force consumers further underground into darknets. The Darknet poses a particular threat because it is impossible to track or proscribe user behavior. Further, the presence of technological protection measures unenforceable, or at least impracticable, as a solution for digital copyright management.

• fc9494

  introduces a digital use exception for copyright to deter development of the Darknet. The proposed copyright shelter is the solution most closely aligned with the goals of copyright, and a monopoly is no longer necessary or practical to accomplish those goals in the digital realm.

• 00ff00

  Part II

• ffff00

  The proposed copyright shelter is the solution most closely aligned with the goals of copyright, and a monopoly is no longer necessary or practical to accomplish those goals in the digital realm.

• 00ff00

  Part III

• ffff00

  explores methods by which content creators, publishers, and distributors can profit under this new rule. Absent copyrights for digital works, service providers will capitalize on alternative business methods and data mining. Driven by necessity, they will commission the production of new works.

• dc8add

  I. THE RISE OF THE DARKNET CHALLENGES DIGITAL COPYRIGHT ENFORCEMENT A. Peer Production and Distributed Networking 1. Digital Content Consumers Become Producers

• ffff00

  Internet users no longer passively consume media.

Page 3

• ffff00

  This new breed of producer-consumers, sometimes termed "prosumers," embodies democratic culture.6 The digital revolution promises prosumers freedom to interact with media on their own terms.7

• ffff00

  The digital revolution promises prosumers freedom to interact with media on their own terms.7

• 00ff00

  Web 2.0,

• ffff00

  wikis, podcasting, news fora, social networking sites, hosting services, and search engines.

• 1c71d8

  Peer-to-peer (P2P)

Page 4

• dc8add

  2. Distributed Networking Technology

• 99c1f1

  In contrast, a P2P network permits a computer connected to the Internet to identify itself as both a client and a server, thereby enabling the computer to communicate directly with any other computer on the Internet to exchange files.19 All types of P2P network models fall within the classification of distributed networks because no central server stores the files.20

• 99c1f1

  In a distributed network, every computer acts as a host, and each user can introduce content to the network by storing files on their computer and making

Page 5

• 99c1f1

  those files available to others on the network.21

• 99c1f1

  all distributed networks have the same infrastructure requirements: (1) facilities for injecting new content into the [ network ] (input); (2) a distribution network that carries copies of content to users (transmission); (3) ubiquitous rendering devices, which allow users to consume [ content ] (output); (4) a search mechanism to enable users to find objects (database); (5) storage that allows the [ network ] to retain [ content ] for extended periods of time. Functionally, this is mostly a caching mechanism that reduces the load and exposure of nodes that inject [ objects ].26

Page 6

• dc8add

  3. Distributed Networks Promote Progress More Effectively Than Client/Server Networks a. Optimal Means of Digital Content Distribution

• 99c1f1

  NOTE :
  [ Ressource bénévoles ]
  They are the economically and technologically optimal vehicles for digital content distribution. Distributed networks are economically efficient because users donate their own (often idle) computing resources29 to facilitate distribution, essentially providing free bandwidth, storage space, and computing power.30

• 99c1f1

  NOTE :
  [ auto scalling ]
  As users provide the system infrastructure, when demand on the system increases with the addition of new users and content, the total capacity of the system also increases.33

• fc9494

  NOTE :
  [ Sabotage - -resilient ]
  Sharing resources across a network is more stable and reliable than traditional client/server distribution because a breach or failure in one sector will

Page 7

• fc9494

  not sabotage the whole system.35

• dc8add

  b. Increase the Volume and Quality of Creative Works

• ffff00

  Just as users donate computing resources on P2P networks, many consumers also volunteer their creative resources. As reproduction, storage, and distribution become cheaper, more prosumers contribute to the collective directory. The blossom of peer production results in an increased output of new works.

Page 8

• 99c1f1

  LionShare

• 99c1f1

  designed such that users are not anonymous

Page 9

• dc8add

  c. Consumer Freedom and Control Protects First Amendment Rights

• ffbe6f

  The lack of central control makes distributed networks less vulnerable to censorship and protects citizens' rights to free speech, press, and assembly55

• ffff00

  consumers are also suppliers

• 99c1f1

  The fact that consumers are also suppliers means that if a large number of people want to download a particular work, then a large number of people are likely to make that work available for upload as well.

• ffbe6f

  NOTE :
  [ test ]
  P2P networking shifts control to users to decide what content to make available and when to make it available.56 Peer-to-peer networking also allows this decision-making process to operate on a large scale.57 There is less risk that unpopular or marginal works will be scarce since digital reproduction costs very little, and digital networking eliminates the need for publishers to print additional copies or make guesses regarding the popularity of works (to divvy up server storage space and marketing dollars).58

Page 10

• ffff00

  open source code.

• ffff00

  This encourages quality through competition by allowing the the existing development of subversive technological paradigm.61 that can challenge technologies

• dc8add

  B. Liability Rules Inhibit Innovation in the Development of P2P Network Design 1. Early P2P Technology: Centralized Networks

• 99c1f1

  P2P networks are either centralized or decentralized.62 Centralized models, such as Napster, utilize a central server system that facilitates users' activities in the network.63

• 99c1f1

  Napster,

• ffbe6f

  The centralized model is preferred because the directory and central index locate files quickly and efficiently.68 Since users must access the system through a

Page 11

• ffbe6f

  central point, one can disable the entire system by shutting down the server, thus, providing considerable control over users.69

• ffff00

  Most importantly, users must register with the system (to be located and connected), so the service provider knows the identity of each user, as well as what he is downloading.70

• 00ff00

  the media content industry to lobby Congress for stronger copyright protection.71

• 00ff00

  1990s,

• fc9494

  Initially, the content industry targeted commercial entities for contributory and vicarious infringement because a single lawsuit could shut down the central server and eliminate an entire dissemination mechanism.7

Page 12

• dc8add

  2. Second Generation Technology: Decentralized (Fully Distributed) Networks

Page 13

• 99c1f1

  Gnutella,

Page 14

• 99c1f1

  Early versions of BitTorrent required an intermediary "tracker" service to perform the search function and aggregate torrent files to enable uploading and downloading.95

• 99c1f1

  BitTorrent r

• 99c1f1

  The logs were instrumental in lawsuits against trackers by "identifying infringers who downloaded and shared copyrighted material."9

Page 15

• dc8add

  3. The Evolution of the Darknet

• fc9494

  Darknet

• fc9494

  Those P2P networks retain one key feature: users of Gnutella and other BitTorrent-type networks "are not anonymous."102

• fc9494

  Those P2P networks retain one key feature: users of Gnutella and other BitTorrent-type networks "are not anonymous."102 By permitting the determination of server endpoints, decentralized networks reveal the IP address and affiliation of file sharing peers.103

Page 16

• ffff00

  The Recording Industry Association of America (RIAA) has sued over fifteen thousand individuals alleging copyright infringement.107

• fc9494

  NOTE :
  [ liability == responsabilité ]
  To escape liability, consumers demanded that P2P developers follow their own precedent and improve distributed networks to shield users from liability by providing users with anonymity, privacy, and increased security control.108 T

• fc9494

  shield users from liability by providing users with anonymity, privacy, and increased security control.108

• fc9494

  NOTE :
  [ !!! DEFINITION DARKNET // These
  --- has P2P networks ? ]
  These newest versions of distributed networks, known as darknets, pose a serious threat to copyright enforcement on the Internet by concealing user behavior from detection.

• dc8add

  C. The Darknet

• 99c1f1

  Generally, the Darknet refers to the underground Internet.109

• 00ff00

  November 2002

• 00ff00

  In November 2002, four senior Microsoft security engineers coined the term "Darknet"

• 00ff00

  The Darknet and the Future of Content Distribution.

• 00ff00

  Microsoft

• 00ff00

  the engineers defined darknets broadly as "a collection of networks and technologies used to share digital content."111

• fc9494

  Since then, the term has infiltrated the mainstream media and been used to refer to a variety of clandestine Internet activities and technologies.

• fc9494

  LASICA, supra note 4, at 45.

Page 17

• fc9494

  small file sharing networks to elite and exclusive cyber clubs,112 to databases unreachable by cyber robots,113 to avenues for cybercrime and Internet terrorism,114 the Darknet evokes increasingly nebulous and threatening activities.

• 99c1f1

  public predecessors.115 In his groundbreaking legal work regarding darknets, Fred von Lohmann incorporated the element of privacy, defining the Darknet as "[t]he collection of networks and other technologies that enable people to illegally share copyrighted digital files with little or no fear of detection."116 In his 2005 book, Darknet: Hollywood's War Against the Digital Generation, Darknet expert J.D. Lasica emphasized that darknets can be used for illegitimate activities.117 Lascia defined darknets as "networks of people who rely on closed-off social spaces—safe havens in both virtual and real worlds where there is little or no fear of detection—to share copyrighted digital material with others or to escape the restrictions on digital media imposed by entertainment

• 00ff00

  Fred von Lohmann i

• 00ff00

  "[t]he collection of networks and other technologies that enable people to illegally share copyrighted digital files with little or no fear of detection."116

• 00ff00

  Darknet: Hollywood's War Against the Digital Generation

• ffff00

  In his 2005 book, Darknet: Hollywood's War Against the Digital Generation, Darknet expert J.D. Lasica emphasized that darknets can be used for illegitimate activities.117

• 00ff00

  2005

• 99c1f1

  NOTE :
  [ DEFINITION -- LASCIA
  Réseaux dans lesquels des pers de réseaux proches échangent sans peur de detection... pour partager des contenus digiaux sous copyright ]
  Lascia defined darknets as "networks of people who rely on closed-off social spaces—safe havens in both virtual and real worlds where there is little or no fear of detection—to share copyrighted digital material with others or to escape the restrictions on digital media imposed by entertainment companies."118

• 00ff00

  J.D. Lasica

• fc9494

  Darknet can refer to "the world of cybercrime, spammers, terrorists, and other underworld figures who use dark spaces found on Internet networks to avert the law.").

• fc9494

  The Darknet has its roots in underground physical networks organized around groups of friends that shared music on cassette tapes and computer disks.

• 99c1f1

  "SneakerNet,

Page 18

• ffff00

  Users often refer to darknets for file sharing as friend-to-friend (F2F) networks, because direct connections are only established between trusted friends.120

• 99c1f1

  friend-to-friend (F2F)

• ffbe6f

  But the term "Darknet" can also be used to describe any private file sharing network.121 For the sake of clarity, this article will differentiate between these terms.

• fc9494

  The term "darknet" will refer to a decentralized distributed network (lacking a central index) that incorporates privacy, security (encryption), and user anonymity features, with the primary purpose of sharing information with trusted members.

• fc9494

  The goal of darknets is to create a closed network to communicate securely in a manner that defies detection or penetration by governments or corporations.122 A user can download, upload, and inject content anonymously, meaning an outsider cannot sufficiently identify a user.123

• fc9494

  anonymously,

• fc9494

  See John Markoff, File Sharers Anonymous: Building a Net That's Private,

Page 19

• dc8add

  1. The Immediate Future of the Darknet

• dc8add

  a. Improvements in Security and Privacy

• 99c1f1

  Freenet

• 00ff00

  2000

• 00ff00

  Ian Clarke

• ffbe6f

  primary goal of his darknet was to protect political opponents of repressive regimes.131

• ffbe6f

  Freenet's website claimed that, without anonymity, there can never be true freedom of speech, and without decentralization, the network

Page 20

• ffbe6f

  will be vulnerable to attack.132

• ffbe6f

  To preserve user anonymity

• 99c1f1

  'promiscuous'

• ffbe6f

  Freenet not only prevents outsiders from finding out what users are doing,

• ffbe6f

  7 Freenet not only prevents outsiders from finding out what users are doing, but it also makes it extremely difficult for adversaries to know a user is running a Freenet node138 or to discover the identity of anyone publishing or downloading content.139

• ffff00

  typical 'promiscuous' approach of classic P2P networks,

• dc8add

  b. Improvements in User Interface Design and Mass Distribution

Page 21

• 99c1f1

  LimeWire 5.1

• 99c1f1

  LW5

Page 22

• dc8add

  c. Improvements in Infrastructure, Interconnectivity and Network Effects

• 99c1f1

  In 2006, P2P traffic accounted for two-thirds of all Internet traffic.150

• 00ff00

  2006

• ffff00

  The rapid build-out of consumer broadband, the dropping price of storage, and the fact that personal computers are effectively establishing themselves as centers of home-entertainment will fuel the spread of darknets.151

• ffff00

  home-entertainment will fuel the spread of darknets.15

Page 23

• ffbe6f

  anonymous sharing can only occur amongst mini-networks of small groups of friends that do not scale.156

• 00ff00

  Microsoft engineers

• ffff00

  the Microsoft engineers concluded that even if global, public peer-topeer networks were eliminated through legal or technical means, small-world networks would likely provide a mechanism efficient enough to satisfy a large percentage of digital media consumers157

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  D. The Darknet's Impact on Copyrights 1. The Darknet Precludes Copyright Enforcement on the Internet

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  John Perry Barlow

Page 24

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  Without a central server, it is difficult (if not impossible) to enforce an injunction.167 Once software is distributed, it is difficult to remove all the downloaded copies in use, and users holding copies of open source darknet software can easily copy it, adapt new versions, and make it available throughout the Internet.168

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  http://www.wired.com/wired/archive/2.03/economy.ideas.html

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  John Perry Barlow

Page 25

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  2. The Darknet Nullifies Technological Protection Measures

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  Microsoft paper

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  the Microsoft paper warned that any "popular or interesting content" would inevitably leak into the Darknet.172

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  "popular or interesting content" would inevitably leak into the Darknet.172

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  See BIDDLE ET AL., supra note

Page 26

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  II.RELINQUISHING CONTROL OVER DIGITAL WORKS WILL ACHIEVE COPYRIGHT'S INTENDED GOAL A. The Goal and Function of Copyright

Page 27

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  Thus, "copyright assures authors the right in their original expression, but encourages others to build freely upon the ideas and information conveyed . . . ."

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  B. Stronger Protection Measures are Unenforceable and Deter Innovation

Page 28

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  Digital Millennium Copyright Act (DMCA)

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  C. Relinquishing Control Over Digital Works Will Promote Progress

Page 29

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  File sharing through centralized distributed networks is clearly a more effective and efficient medium for dissemination than either selling physical copies or distributing them through darknets.

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  As described above, developments in the law that imposed liability on various market players shaped the development of Darknet architectures inferior to their P2P predecessors in terms of economic efficiency and social welfare.201

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  If the rise of the Darknet can be directly attributed to increasingly strong copyright protection and TPMs, then the fall of the Darknet will require weaker copyright protection and less technological control.

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  1. Copyright Shelters Encourage Innovation

Page 32

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  Electronic Frontier Foundation (EFF)

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  2. Restructuring Digital Copyright Law

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  mash-ups)

Page 33

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  a. A Commercial/Non-Commercial Distinction is Unnecessary

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  Sharing and Stealing

Page 34

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  The Audio Home Recording Act

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  No Electronic Theft (NET)

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  criminalize copying for purposes of commercial advantage or private financial gain,238

Page 35

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  3. The Effects of a Digital Use Exception a. Promote Innovation i. Develop Superior Distribution Technology

Page 36

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  ii. Quash the Darknet

Page 37

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  b. Promote Progress and Protect Free Speech

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  Distributed networking will also secure free speech because eliminating liability removes the incentive for ISPs to filter and block access to content on their networks.

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  ISPs to filter and block access to content

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  censorship

Page 38

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  4. A Monopoly is Not Required to Incentivize the Creation of Digital Works a. Monopolistic Copyrights for Digital Works Do Not Benefit Society

Page 39

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  b. Digital Copyrights Are Economically Inefficient i. Digital Copyrights to Incentivize Distribution Are Redundant

Page 41

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  ii. Digital Copyrights Are Not the Best Incentive for Creation

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  III.MARKET FORCES WILL SUPPLY THE INCENTIVE TO CREATE AND DISSEMINATE IDEAS

Page 43

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  A. Peer Production and Volunteerism

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  B. Consumers Will Not Pay For Content When a Free Alternative is Available 1. Voluntary Collective Licensing: Pay to Use

Page 45

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  2. Compulsory Licensing: Use, Then Pay

Page 49

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  2. Consumers Will Pay for the Ancillary Goods and Services They Value a. It Is Possible to "Compete with Free"

Page 52

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  D. Advertising Will Compensate Intermediaries 1. The Value of Advertising

Page 53

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  2. The Value of Data Mining and Business Intelligence

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  Data mining

Page 55

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  3. Intermediaries Will Compensate Creators

Page 56

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  E. Hope For the Future: A Netflix Case Study

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  2006, Netflix

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  Internet DVD distribution

Page 58

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  CONCLUSION

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  ARPAnet,

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  1969

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  Napster

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  1999

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  copyright war,383

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  The Darknet has eliminated the choice.

Page 59

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  In 2008 alone, this media oligopoly earned over 300 billion in revenue,

Page 60

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  Michael J. Meurer, Price Discrimination, Personal Use and Piracy: Copyright Protection of Digital Works, 45 BUFF. L. REV. 845, 895 (1997).