New technologies have a tendency to disrupt the accepted way of doing things, since well before John Henry and the steam drill, and Gutenberg's printing press. The tension between new and old is always high at moments of transition. Such a transition is upon us now.

The Digital Media Project at the Berkman Center for Internet & Society, in collaboration with Gartner|G2, the business strategy research arm for Gartner Inc., aims to extend our understanding of the current landscape and unresolved questions related to the distribution, use, and control of digital media. In particular, the Berkman Center and Gartner|G2 are conducting a study of how the shift to digital media (primarily music, movies and books) is affecting the legal and regulatory landscape. The Project will produce a foundational paper identifying the critical features of technological, economic, and legal change that have resulted in the current situation. From there, the project will propose and critically analyze potential legal and business models for the future, with the goal of shedding light on the current directions of digital media distribution on the Internet while balancing the interests of consumers, artists and entertainment companies, and technology manufacturers.

The cultural importance of media, and the rapid development of media technologies, make this pursuit imperative—and all the more so because of how far we are from a solution. Lawmakers, artists, consumers, and technologists all want the distribution of movies, music, and more through the Internet. The questions are manifold: How? How can we control piracy and protect consumers' rights? Should the government regulate digital media, or should the market be left alone? Must technology inventors be accountable to content creators? While the answers to these types of questions have been pondered, the future of digital media distribution remains uncertain.

This situation will soon change—perhaps too soon. Both consumer groups and entertainment companies have recently endorsed new Congressional bills to protect their respective rights. While entertainment companies are endeavoring to incorporate technological means to restrict uses of their creations, consumers and technology creators fight in court for the right to circumvent these restrictions. These conflicts are coming to a head, and without the proper frameworks and critical thinking, we may end up with a solution that benefits the stronger lobby group at the expense of the public.

Any potential solution must balance the interests of consumers, artists, entertainment industry and technology manufacturers—only then will we have a foundation for future growth. The Project combines a variety of methodologies, and hopes that the results will be valuable to academic, legal, business and consumer interests. To that end, the Project will scrutinize the economics of digital media distribution, while also discussing judicial, legislative and technological topics.

Contacts: Blythe A. Holden, Berkman Center for Internet & Society at Harvard Law School
Email: blythe@cyber.law.harvard.edu

Mike McGuire, GartnerG2
Email: Michael.mcguire@gartner.com