Muddy Rules for Cyberspace

Several recent commentators on intellectual property generally, ¹ and on digital media in particular; ² have argued that adoption of "strong" or "complete" rights are necessary to properly protect such works, and that digital works in particular must be protected by such rights. Policymakers have adopted much the same theme. ³ These claims have profound implications for development of markets in digital works. In the print world, property rights in creative works have typically been incomplete, and subject to public interest takings, such as fair use. The call for complete rights represents a radical departure from established practice, and is particularly troubling in a networked environment such as the Internet, where complete rights would allow control over every possible usage.