TABLE OF CONTENTS
**** Please Note: This is a draft of my dissertation. Further revisions have been made and are currently being made. Please contact me if you want to know about updated chapters and those revised for publication.
Deborah Halbert can be contacted at DHalbert@otterbein.edu. Also, a revised version of the dissertation will be published through Praeger Press and will be available at the end of 1998 (hopefully).
halbert@hawaii.edu
Abstract iii
CHAPTER SUMMARIES 7
NOTES 10
Chapter One: Stories, Narratives and Discourses 11
LANGUAGE AND THE TEXT 11
STORIES, NARRATIVES AND DISCOURSES 14
RHETORICAL VISIONS 20
READERS, WRITERS, AND AUTHORS 22
CONVERGENCES 29
NOTES 32
Chapter Two: The Copyright Story 36
HISTORY OF COPYRIGHT: THE ENGLISH EXPERIENCE 37
HISTORY OF COPYRIGHT: THE GERMAN EXPERIENCE 46
AUTHORSHIP AS MALE 48
HISTORY OF COPYRIGHT: FRANCE 51
HISTORY OF COPYRIGHT: A FINAL ARGUMENT 53
AMERICAN COPYRIGHT LAW 55
THE TRADITIONAL STORY OF COPYRIGHT 59
NOTES 62
Chapter Three: Political Narratives of Copyright 68
THE OTA REPORT 71
OTA REPORT TO CONGRESS 75
THE NATIONAL INFORMATION INFRASTRUCTURE (NII) AND
INTELLECTUAL PROPERTY 79
THE CHANGES INTRODUCED 80
THE NII SOVEREIGNTY NARRATIVE 85
CONCLUSION 95
NOTES 96
Chapter Four: Copyright and Computers: Law in the Information Age 100
COMPUTER PROGRAMS AND THE EXTENSION OF COPYRIGHT 103
THE ECONOMY OF COMPUTER PROGRAMS AS PROPERTY 105
EXTENDING THE TRADITIONAL STORY TO COMPUTER
PROGRAMS 106
THE SOVEREIGNTY IMPULSE, COMPUTER PROGRAMS
AND THE COURTS 109
PROGRAMS AS LITERARY CREATIONS AND THE IDEA/
EXPRESSION DICHOTOMY 110
MOVING BEYOND LITERAL ELEMENTS TO THE NON-LITERAL 112
REVERSE ENGINEERING AND THE FREEDOM OF IDEAS 118
PUBLICATIONS AND THE INTERNET 123
ORIGINALITY IN DATABASES, OR THE LACK THEREOF 127
CONCLUSION 130
NOTES 131
Chapter Five: International Piracy, Technology and Intellectual Property 138
SOME GENERAL BACKGROUND 143
THE EMERGENCE OF A THREAT -- PIRACY IN THE 1980s 144
THE INTELLECTUAL PROPERTY STORY 149
CORPORATIONS AS VICTIMS -- PIRACY IN 1986 151
PIRACY IN THE 1990s 158
THE COMPUTER INDUSTRY 163
THE FINAL STORY 164
UNDERLYING CURRENTS OF THE INTELLECTUAL
PROPERTY STORY 166
THE ROLE OF THE PIRATE 167
CONCLUSION 170
NOTES 171
Chapter Six: Discourses of Danger and the Computer Hacker 176
CAMPBELL ON DISCOURSES OF DANGER 180
EARLY HACKERS AND THE "GOLDEN AGE" 182
THE HACKER AS THREAT 186
KEVIN POULSEN 187
KEVIN MITNICK 190
THE HACKER THREAT 195
VIRUSES AND SOCIO-MEDICAL DISCOURSES 203
TRANSFORMATION OF DISCOURSES 205
IDENTITY AND THE POLITICS OF INTELLECTUAL PROPERTY 209
NOTES 210
THE TRADITIONAL COPYRIGHT STORY REVISITED 220
Assumption One: Copyright promotes innovation 221
Assumption Two: A balance exists between public access and
authorial protection 223
Assumption Three: A distinction between ideas and expression
can be made 225
Assumption Four: The text is a bounded entity 225
Assumption Five: Authorship is important 227
THE INVENTION OF AUTHORSHIP IN THE INFORMATION AGE 230
NOTES 239
Chapter Eight: The Future of Intellectual Property Law & Authorship 245
TRANSFER FROM AUTHOR-FUNCTION TO DIALOGUE 246
LOSS OF INDIVIDUAL AUTHORIAL CONTROL 250
DEMOCRATIC AUTHORSHIP 252
COMPUTERS AS AUTHORS 255
INTELLECTUAL PROPERTY, TECHNOLOGY, AND OUR PROBABLE
FUTURE 258
SCENARIO ONE: BUSINESS AS USUAL 262
How does the law interpret the text? 262
How is the Author Defined? 263
How is the law used? 264
What types of Identities are Created? 265
What Happens to Creation? 266
Conclusion to Business as Usual 267
HACKERS AND THE FUTURE 269
How does the law interpret the text? 270
How is the Author Defined? 270
How is the law used? 271
What types of Identities are Created? 272
What Happens to Creation? 272
Conclusion to the Hacker Scenario 274
SHARING AS UTOPIA 274
How does the law interpret the text? 275
How is the Author Defined? 276
How is the law used? 278
What types of Identities are Created? 278
What Happens to Creation? 279
Conclusion to Sharing Scenario 279
SOME FINAL THOUGHTS 280
NOTES 282
LITERATURE CITED 288