ABSTRACT

The purpose of this chapter is to begin to apply the theory of resistance to the analysis. As Foucault says, where there is power, there is resistance. The chapter begins by outlining some of the key concepts in Foucaults conceptualization of resistance as a phenomenon, beginning by reiterating Foucaults desire that power not be perceived as something naturally negative or oppressive, but merely the exercise of influence over other actors that can be used to either oppress or to produce. The chapter continues by applying these theories to possible sites of resistance to changes in copyright law, focusing first on the courts, and second on academic writing. It applies the resistance theory to the cases of Promusicae, Scarlet and Netlog, demonstrating that resistance is possible through the courts, yet that any resistance within these institutions is ultimately a limited and internalized form of resistance.