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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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June 03, 2005

Sharing With Friends, Not Strangers

Posted by Ernest Miller

I often talk about a copynorm that I support and think should be explicitly legal, sharing with friends, not strangers. I support private distribution as opposed to public distribution. Well, here is a report from PSFK on the type of sharing I think should be encouraged (Face To Face P2P).

Maybe it’s out of fear of prosecution for illegal downloads or maybe it’s to avoid tech-imposed exile but there may be a different type of music sharing on the rise. Recently while hanging out in a Salt Lake City coffee spot, some University of Utah students were spotted having a “face to face” music sharing session. Instead of a digital gathering with countless unseen strangers, about half a dozen students got together for one of their regular swap sessions. Each person was responsible for bringing a couple of cd’s they thought the others might like or might benefit from exposure to. The music ranged from the Zombies to David Bowie and even a random Billy Joel disc. Each person also carried the discs they had borrowed from other members last time.

The group took turns talking about the new music they brought and some spoke about the new music they had been exposed to. One or two also distributed burned copies of the most popular cd’s from past gatherings. Another key element seemed to be an overt attempt to be fair about grabbing the most potentially desirable discs from the collective stack. Participants who had gotten really interesting things last time passed up the current potential best items so others had a chance.

Now, in this case, such swapping is perfectly legal under the first sale doctrine. But I'm not so sure it would be all that bad or different if they were ripping copies.

via Mobile Technology Weblog

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