Technology & Political Economy

P2P vs DMCA
by Alexandra Dill

Peer-to-peer technology faces challenges in our media economy today through it's struggle with file sharing and copyright infringement. People from all over the world are posting copyrighted music files on the Internet and sharing these files with other persons. According to Slyck News (http://www.slyck.com/news.php?story=763) the number of members on file sharing websites is increasing at alarming rates each year. With this number of people, the more difficult it becomes to track down and prosecute those involved in this illegal activity.
The Digital Millenium Copyright Act (DMCA) is attempting to regulate file sharing by monitoring the programs that file sharers download onto their computers unknowingly when they download a song using one of the major file sharing programs. They are also enlisting the help of new businesses that track ISP addresses that appear to be sharing files
If P2P technology is substructure and DMCA is superstructure, their relationship is dialectic but also a type of "cat and mouse" game. While the evolution of P2P networks has forced the arrival of the DMCA and other copyright protection actions, the DMCA works to seek out potential violators and keep (in the case of music sharing) the music industry a money-making industry. At the same time, neither really has an upper hand on the other. Both are updating their ways of hiding from or finding each other and while right now it may seem DMCA has taken the lead, P2P networks are sure to create another innovative way of evading their watchful gaze.
The three laws of dialectics play out in the relationship between P2P technology and DCMA in that to begin with, now it is not near as important how many P2P networks are out there but rather their ability to avoid DMCA conflict, the same goes for the DMCA. Secondly, while these two are 'enemies', it is because of each other that they keep flourishing. Neither one is going to give up any time soon because the other is gaining more strength. Finally, P2P can act as the thesis, the proposition as to how to share files covertly, and the DMCA can act as the antithesis, the action taken to track and punish violators. At the same time, both of these create a synthesis in that one simply would not exist, at least not in so many numbers, without the other.
The DMCA and Texas A&M's mutual relationship I find to be fair. What file sharers are doing is illegal and it is merely the DMCA's job to manage this problem in order to protect the ones whose files are being shared. At the same time, the article does state that many times people don't know they are violating these laws and there can be harsh punishment for minor, innocent violations that I do not agree with. I also believe that people may be deterred from file sharing if warned of the covert actions taking place on your computer BEFORE the download even takes place.
The DMCA protects the interests of those who's files are being shared when they are copyrighted. This includes game creators, artists in the music industry, and programmers among others. The DMCA attempts to protect these individuals by establishing tougher copyright infringement laws and tracking potential violators of the Act with smarter technology. While it does appear that the DMCA protects the larger names in copyright laws, such as big name musicians and companies, it could also attempt to look after the 'little man' companies and people whose copyrights are also being abused by violators.
If I were the policy-maker for this technology, I would encourage a more innovative and informative way to let violators know that they are in fact being monitored and also list the possible retribution if a violation should occur. I would also look after the smaller companies and single people by extending copyright protection to them as well. While I'd understand that a tough hand should take place in the monitoring of this behavior, I would instill a 2 strike policy that would let offenders be warned the first time they are caught and then if a second offense should occur take strict legal action. Many of today's file sharers don't seem to realize how harsh of an offense they are committing and I think by showing them how easily they can be discovered and the potential punishment for such acts, the number of file sharers may start to decrease over time.