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A FINANCIAL TIMES BOOK OF THE YEAR A call to action for the
creative class and labour movement to rally against the power of
Big Tech and Big Media. Corporate concentration has breached the
stratosphere, as have corporate profits. An ever-expanding
constellation of industries are now monopolies (where sellers have
excessive power over buyers) or monopsonies (where buyers hold the
whip hand over sellers) - or both. Scholar Rebecca Giblin and
writer and activist Cory Doctorow argue we're in a new era of
'chokepoint capitalism', with exploitative businesses creating
insurmountable barriers to competition that enable them to capture
value that should rightfully go to others. All workers are weakened
by this, but the problem is especially well illustrated by the
plight of creative workers. By analysing book publishing and news,
live music and music streaming, screenwriting, radio, and more,
Giblin and Doctorow deftly show how powerful corporations construct
'anti-competitive flywheels' designed to lock in users and
suppliers, make their markets hostile to new entrants, and then
force workers and suppliers to accept unfairly low prices. In the
book's second half, Giblin and Doctorow explain how to batter
through those chokepoints, with tools ranging from transparency
rights to collective action and ownership, radical
interoperability, contract terminations, job guarantees, and
minimum wages for creative work. Chokepoint Capitalism is a call to
workers of all sectors to unite to help smash these chokepoints and
take back the power and profit that's being heisted away - before
it's too late.
Code Wars recounts the legal and technological history of the first
decade of the P2P file sharing era, focusing on the innovative and
anarchic ways in which P2P technologies evolved in response to
decisions reached by courts with regard to their predecessors. With
reference to US, UK, Canadian and Australian secondary liability
regimes, this insightful book develops a compelling new theory to
explain why a decade of ostensibly successful litigation failed to
reduce the number, variety or availability of P2P file sharing
applications - and highlights ways the law might need to change if
it is to have any meaningful effect in the future. A genuine
interdisciplinary study, spanning both the law and information
technology fields, this book will appeal to intellectual property
and technology academics and researchers internationally.
Historians and sociologists studying this fascinating period, as
well as undergraduate and graduate students who are working on
research projects in related fields, will also find this book a
stimulating read. Contents: Foreword by Jane C. Ginsburg 1.
Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted
Attacks on the US Secondary Liability Law 4. The Targeted Response
5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why
Rights Holders Would Never Have Sued a P2P Provider under UK or
Canadian Law (and why the Australian law was just right) 7. The End
of the Road for Kazaa 8. Endgame: More P2P Software Providers than
Ever Before 9. Can the Secondary Liability Law Respond to Code's
Revolutionary Nature? Bibliography Index
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