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Authors, Users, and PiratesCopyright Law and Subjectivity$
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James Meese

Print publication date: 2018

Print ISBN-13: 9780262037440

Published to MIT Press Scholarship Online: September 2018

DOI: 10.7551/mitpress/9780262037440.001.0001

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Producing the Pirate: The Courtroom and Cultural Power

Producing the Pirate: The Courtroom and Cultural Power

(p.131) 6 Producing the Pirate: The Courtroom and Cultural Power
Authors, Users, and Pirates

James Meese

The MIT Press

Chapter Six examines how the pirate has been interpellated in different jurisdictions across the copyright wars of the twentieth and twenty-first centuries, with a particular focus on the intermediaries that were charged with enabling online copyright infringement, namely peer-to-peer networks and Internet Service Providers. The chapter charts a narrative of gradual acceptance. Whereas initial decisions interpellated peer-to-peer networks as piratical and also as locations where individuals could become interpellated as pirates, by the early twenty-first century, the courts became somewhat more understanding. Instead, they viewed intermediaries as less liable and individuals as users who engaged in copyright infringement, rather than as subjects entirely defined by their piratical actions. I also reflect on how Apple and their customers were able to avoid the pirate moniker during their Rip, Mix, Burn campaign in 2003 and consider on the potential futures of the pirate subject.

Keywords:   Australia, United States, Copyright Law, Pirate, Piracy, Online Copyright Infringement, Digital Piracy, User

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