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PRAISE FOR
PIRATES OF THE DIGITAL MILLENNIUM
“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!”
Paul Saffo, Director, Institute for the Future
“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.”
Jonathan Zittrain, Assistant Professor of Law, Harvard Law School,
Co-Founder, Berkman Center for Internet and Society
“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 than 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.”
Lester Thurow, Professor of Economics and Business at MIT, former dean of
the MIT Sloan School of Business, former columnist for Newsweek, and
author of The Zero Sum Society and Fortune Favors the Bold,
owner of www.lthurow.com
“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
a good first draft. Time to reconsider The Ten Commandments now that
stone tablets have been replaced by KaZaA.”
Bob Metcalfe, Ethernet inventor, 3Com founder, InfoWorld columnist,
and Polaris partner
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“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.”
Brad Smith, Microsoft Senior Vice President,
General Counsel, and Corporate Secretary
“The pirates in this book include both teenagers working in their bedrooms
and corporate executives in their 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.”
Tracy Kidder, author of the international best seller,
The Soul of the New Machine
“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.”
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
“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!”
Pat McGovern, Chairman and Founder, IDG
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“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.”
Lars S. Smith, Assistant Professor of Law, Trademarks and Intellectual
Property, Louis D. Brandeis School of Law, University of Louisville
“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. But, like artists and like
music itself, the business needs to change and grow. Now as a teacher, I
concentrate on teaching students the rigors and art of critical thinking, how to
distinguish between fact and fiction. 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.”
Hugo Burnham, New England Institute of Art, Brookline, Massachusetts,
founding member of English post-punk band Gang of Four, whose debut
album Entertainment, released by Warner Bros. Records in 1980, was
named one of the 500 greatest albums of all-time by Rolling Stone in 2004
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A CIP record of this book can be obtained from the Library of Congress
Author Photos: Adam Gooder
Editorial/Production Supervision: Donna Cullen-Dolce
Cover Design: Nina Scuderi
Cover Design Director: Jerry Votta
Interior Design: Gail Cocker-Bogusz
Manufacturing Buyer: Alexis Heydt-Long
Vice President and Editor-in-Chief: Tim Moore
Editorial Assistant: Richard Winkler
Development Editor: Russ Hall
Marketing Manager: John Pierce
© 2005 Pearson Education, Inc.
Publishing as Financial Times Prentice Hall
Upper Saddle River, NJ 07458
Financial Times Prentice Hall offers excellent discounts on this book when ordered in
quantity for bulk purchases or special sales. For more information, please contact:
U.S. Corporate and Government Sales, 1-800-382-3419,
[email protected]. For sales outside of the U.S., please contact:
International Sales, 1-317-581-3793, [email protected].
Company and product names mentioned herein are the trademarks
or registered trademarks of their respective owners.
All rights reserved. No part of this book may be reproduced, in any form or by any means,
without permission in writing from the publisher.
Printed in the United States of America
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ISBN0-13-146315-2
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frontmatter.fm Page vii Saturday, August 21, 2004 11:03 AM
Dedicated to our wives and sons, without whose love, support,
and frank appraisals we wouldn't have made it this far.
In this book or in life.
FTPH_FM.fm Page i Thursday, August 22, 2002 8:05 AM
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