Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially in the digital environment. First, market conditions might incentivise piracy. Two related arguments might run against this approach. In fact, evidence shows that the “digital threat” discourse is based on shaky grounds. Recently, the “digital threat” discourse called for enhanced liability of online intermediaries, especially those whose platforms may be used to infringe copyright. Fearful of the “darknet”, (e.g., Lasica, 2005), in the last two decades, the industry has deployed the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy and illegal peer-to-peer file sharing (Boyle, 2009, p. Most likely, we are still short of a satisfactory solution. The search for meaningful policy responses to the digital dilemma has now occupied almost two decades. The digital dilemma lies in that tension (National Research Board, 2000). It wants to be expensive because it can be immeasurably valuable to the recipient. Stuart Brand argued that “information wants to be free, because it has become so cheap to distribute, copy, and recombine - too cheap to meter. Digital piracy debunked: a short note on digital threats and intermediary liability. Keywords: Intermediary liability, Piracy, Copyright Citation:įrosio, G. Received: JanuReviewed: MaPublished: MaLicence: Creative Commons Attribution 3.0 Germany Competing interests: The author has declared that no competing interests exist that have influenced the text. Finally, piracy may function as an innovation policy by forcing market players to innovate in response to a consumer demand that widespread piracy highlights. In contrast, an observation of the literature and quantitative analysis on point may suggest that digital piracy can be an opportunity for the cultural market. In fact, digital technology seems not to have negatively affected the creation of new works.
Overall, it may be hard to find a factual justification for policy decisions based on the “digital threat” discourse. This short paper shows that the “digital threat” discourse is based on shaky grounds. In the last two decades, the industry has deployed endlessly the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy.
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