Sobre la «fuerza instituyente» en ciertas prácticas anti-copyright de la cultura digital, por Gary Hall

“what is most interesting about certain phenomena associated with networked digital culture such as Napster, the Pirate Bay, Popcorn Time, Aaaaarg, and the unauthorized downloading from JSTOR’s database of the open access guerrilla Aaron Swartz, is that we cannot tell at the time of their initial appearance whether they are legitimate. This is because the new conditions created by networked digital culture, for example the ability to digitize and make freely available whole libraries worth of books (as is the case with Google Books and Aaaaarg), at times require the creation of equally new intellectual property laws and copyright policies. The 1998 Digital Millennium Copyright Act, 2001 European Union Copyright Directive, and the UK’s Digital Economies Act 2010 are some examples; the Google Book settlement, SOPA (Stop Online Piracy Act), and PIPA (Protect IP Act) in the United States are (or were) others. It follows that we can never be sure whether these so-called pirates, in the attempts they are making to contend with the new conditions and possibilities created by networked digital culture, to try them and put them to the test, are not infact involved in the creation of the very new laws, policies, clauses, settlements, licensing agreements, and acts of Congress and Parliament by which they could be judged.

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