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Writing -
Articles & Chapters
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"How Restrictive Terms and Technologies Backfired on Sony BMG Music" examines the history and fallout of the Sony BMG DRM/rootkit fiasco, including specifically the class action litigation that ensued.
I argue that the root of the problem was the major record labels' fundamental distrust and disrespect for the fans of the artists on their roster. Those fans are music consumers who want to obtain music in novel and convenient ways on fair and flexible terms, and whose property and civil rights are casualties of Sony BMG's war on piracy. The issues are discussed mainly from a Canadian perspective. Part I provides an overview of the factual and technical background to this story. Part II contains an analysis of the legal consequences of Sony BMG's actions, and offers some insights as to the policy implications for consumer protection, contract and copyright laws.
The article was published in the Febraury and March issues of Internet and E-Commerce Law in Canada. It originally appeared in two parts, but the complete version is available here or from bepress here. You can also stream an audio recording of me presenting the paper as part of an invited lecture series at uOttawa.
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