Publications

The Berkman Center has established the premier series of scholarly publications on matters related to the Internet, law, and society, known as the Berkman Publication Series, which is jointly published with the Social Science Research Network (SSRN).

Below is a selected list of these works, which includes scholarly papers as well as books, written by Berkman faculty and fellows. To be notified when new reports are added to this list, sign up for our reports release email list.

(For additional writings and blog posts from Berkman community members and projects, which are not included in this series, see our aggregated community blog feed.)

Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries

The online environment and new digital technologies threaten the viability of the music and film industries' traditional business models. The industries have responded by seeking government intervention, among other means, to protect their traditional models as well as by developing new models specifically adapted to the online market. This paper seeks to support policymakers' decision making by delineating the potential consequences of policy actions in these areas.

Authored by
  • John Palfrey
  • Derek Bambauer
  • Urs Gasser
  • Derek Slater
  • Meg Smith

7 Jan 2005

Copyright and Digital Media in a Post-Napster World: International Supplement

This Supplement to the White Paper focuses on international legal issues. It considers developments regarding copyright and related rights in jurisdictions outside the United States against the backdrop of earlier Digital Media Project works that reviewed the interplay among law, technology and the business ecosystem.

Authored by
  • Urs Gasser
  • Mike McGuire

2 Jan 2005

Illegal Internet Networks in the Developing World

In this essay, I outline the primary economic and technical underpinnings of illegal Internet networks and describe their most frequent applications. I then discuss the potential security issues posed by illegal Internet networks, and the potential legal intercept implications of a shift away from a US-centered governance of the Internet to one dominated by the UN I conclude by assessing the impact the WTO and other sources of pressure from the international community may have on the future of illegal Internet networks in developing countries.

30 Dec 2004

Why DRM Should Be Cause for Concern: An Economic and Legal Analysis on the Effect of Digital Technology on the Music Industry

In response to piracy and online file trading, the music industry has begun to adopt technological measures, often referred to as digital rights management (DRM), to control the sale and distribution of music over the Internet. Previous economic analysis on the impact of DRM implementation has been overly simplistic.

Authored by
  • Paul Petrick

1 Nov 2004

Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States

The EU Copyright Directive (EUCD) entered into force on June 22, 2001. The directive is aimed at harmonizing the divergent European copyright regimes and at transposing the WIPO treaties. However, several member states have not yet implemented the EUCD over one and a half years after the process should have been completed. This paper asks whether and why Genie is stuck in the bottle.

Authored by
  • Urs Gasser
  • Michael Girsberger

1 Nov 2004

The Torts Game

Defending Mean Joe Greene

Use this short secondary text with any torts casebook to give your students a demonstration of the practical dimensions to tort law alongside the doctrine they are already learning. The Torts Game is ingeniously designed to engage student interest as it reviews key topics.

Authored by
  • Jonathan Zittrain

14 Aug 2004

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Promises to Keep

Technology, Law, and the Future of Entertainment

Promises to Keep: Technology, Law, and the Future of Entertainment by, William W. Fisher III

Authored by
  • William Fisher

12 Aug 2004

Berkman Briefing: Averting the Internet Meltdown

The eye-catching conference title, Preventing the Internet Meltdown, brought a number of experts and Internet pioneers to Los Angeles recently to discuss the future of the Internet. The conference focused on one central question: is the Internet really on the verge of collapse from the weight of federal, international, and commercial regulation? Read the latest Berkman Briefing, Averting the Internet Meltdown to find out what the experts had to say.

Authored by
  • Mary Bridges

11 Aug 2004

iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media - A Case Study

This paper provides an analysis of Apple’s iTunes Online Music Store. The exploratory case study presented in this document is research in progress. Comments and questions are encouraged. The paper analyzes relevant law to achieve deeper understanding of current shifts in the digital media landscape, but does not provide legal advice.

Authored by
  • John Palfrey
  • Derek Bambauer
  • Urs Gasser
  • Jackie Harlow
  • Derek Slater
  • Ivan Reidel
  • Renny Hwang
  • Charles Hoffman
  • Georg Krog
  • Stephen Mohr
  • C. Lee Wilson
  • Andrew Bragin
  • Joseph Jackson
  • Edward Locke

14 Jun 2004

Berkman Briefing: Inside the Courtroom - The Music Industry Takes on the Uploaders

The Berkman Briefing, Inside the Courtroom, gives a firsthand look at Wednesday's hearing in the U.S. District Court of Massachusetts for one of the nearly 3000 lawsuits that the RIAA's has brought against individuals accused of illegal file-sharing -- Capitol Records v. Alaujan. Diane Cabell and John Palfrey of the Berkman Center attended the hearing to file an amicus brief on behalf of the court that outlines some of the the major legal issues raised in the lawsuits. Read the report, to find out how attorneys for the recording industry reacted and for a glimpse of how a trial in these cases might look.

Authored by
  • Mary Bridges

26 May 2004

iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media, Green Paper v 1.2

This Green Paper provides an initial analysis of Apple’s iTunes Online Music Store. The exploratory case study presented in this document is research in progress. Comments and questions are encouraged. The paper analyzes relevant law to achieve deeper understanding of current shifts in the digital media landscape, but does not provide legal advice.

Authored by
  • John Palfrey
  • Derek Bambauer
  • Urs Gasser
  • Jackie Harlow
  • Derek Slater
  • Ivan Reidel
  • Renny Hwang
  • Charles Hoffman
  • Georg Krog
  • Stephen Mohr
  • C. Lee Wilson

9 Apr 2004

Berkman Briefing: Interacting at Interactive - Social Networks at SXSW

"Social Networks" was the hot topic at this year's Texas-based Internet conference, SXSW Interactive. The conference brought together leaders and innovators in the field on online community building, including Joe Trippi, formerly of the Howard Dean campaign; Eli Pariser and Zack Exley, organizers for Moveon.org; Craig Newmark, the founder of Craigslist; and Jonathan Abrams, who created Friendster. What happens when you fill a convention hall with wired social networkers? A real-space convergence of online communities. Read the Berkman Briefing, Interacting at Interactive: Social Networks at SXSW to find out more.

Authored by
  • Mary Bridges

28 Mar 2004

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Free Culture

How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity

In his two previous books, CODE and THE FUTURE OF IDEAS, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in FREE CULTURE, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they’re inflicting are poisoning the ecosystem that fosters innovation.

Authored by
  • Lawrence Lessig

25 Mar 2004

Berkman Briefing: Rip, Mix, and Burn - Lessig's Case for Building a Free Culture

In a low-lit auditorium at Harvard University's Radcliffe Institute for Advanced Study, Stanford Law Professor Lawrence Lessig leaned against the podium and clicked a remote control. Above him, a video with Peanuts cartoons filled the screen—Linus sawed on a cello as a familiar chord progression began. My baby don’t mess around/ Because she loves me so/ And this I know for sure… The audience shifted uncomfortably. OutKast? Was he really playing OutKast in the middle of a speech at Radcliffe? The characters danced in syncopation with the overlaid music, and by the time the Hey Ya! chorus started, disbelief had given way to laughter. The cartoon was brilliant, bizarre, creative, and funny. And illegal, Lessig added. Under the current copyright regime, digital parodies like the OutKast-Peanuts hybrid are considered piracy. In his speech, On Rebuilding a Free Culture, Lessig criticized this conception of copyright because it denies the public access to creative works and stifles the creative potential the Internet.

Authored by
  • Mary Bridges

18 Feb 2004

Berkman Briefing: Free Software, the Gospel

If Eben Moglen's recent address at Harvard could be condensed to bumper-sticker format, it might read: Free Software, It isn't just source code—It’s a way of life. Moglen is a professor, a lawyer, and a programmer, but he spoke as a crusader for social justice in his lecture, "SCO and After SCO: The Future of Free Software," at Harvard Law School on February 23. His speech offered a counterpoint to a presentation by Darl McBride, the CEO of the Santa Clara Organization, as the two men stand on opposite sides of the well-publicized legal fight, SCO v. IBM.

Authored by
  • Mary Bridges

6 Feb 2004

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