Intellectual Property, Sociology Of

Technology and Communications Revolution

Perhaps the most recent and dramatic change in society has been the expansion of the Internet into almost every aspect of our daily lives, from correspondence to shopping to financial planning. The Internet's ability to provide instant access to many different types of information has improved cultural awareness, opened up new avenues for expressing free speech, allowed individuals to share documents quickly and easily, and even encouraged collaboration between thinkers worldwide. The Internet's remote nature further facilitates free speech by allowing individuals to remain anonymous while openly expressing their viewpoints and thus to be free from backlash or stigmatization.

At the same time, the Internet's largely unregulated status facilitates certain rights-infringing behavior, such as illegal distribution of copyrighted works and bad faith use of trademarked domain names. The music industry has vehemently fought against music file sharing systems that allow Internet users to access copyrighted songs free of charge. These systems provide individuals with a cheap and easy way to hear their favorite songs or sample new ones but also cut the rewards and profits of artists and producers. While systems like Napster were shut down for having a [Page 801]centralized music index that proved, at minimum, the operators' constructive knowledge of infringing behavior, courts have allowed decentralized systems like Grokster to continue to operate because these systems provide only the software needed to connect users to the network.

In contrast, courts have been more resolute in prosecuting online trademark infringers who captured, in bad faith, domain names resembling or containing famous trademarks. These individuals had set up Web sites that tried to steal business from the original mark owners or had cybersquatted and later charged hefty sums for transferring ownership of the coveted domain names. In cases without bad faith infringement, however, trademark owners have been somewhat unsuccessful in securing absolute IP rights. Courts have upheld the public's First Amendment right to make fair use of trademarks, such as for social or political commentary in the form of parody Web sites or “gripe sites” that criticize large corporations or former employers.

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