Impose noncommercial Use Levy to Allow Free P2P File-Swapping and Remixing

Commentators and courts have universally hailed the Internet as an abundantly fertile field for self-expression and debate. But this acclamation masks sharp disagreement over whether certain Internet activity should be lauded or deplored. A prime example is the unlicensed use of copyright-protected material. The explosion of sharing and remixing popular songs and movies over Internet-based peer-to-peer networks like Napster and Morpheus has evoked sharply discordant reactions. Some commentators embrace that collection, exchange, and transformation of existing works as part and parcel of the individual autonomy, self-expression, and creative collaboration for which we celebrate the Internet. Others denounce those activities as the massive piracy of intellectual property. They fear that P2P file swapping poses a mortal threat to the copyright system that sustains authors, artists, and a multi-billion-dollar-a-year industry in the production and dissemination of creative expression. The P2P controversy has degenerated into a steadily intensifying war of words and legal action. The copyright industries have successfully shut down a number of peerto-peer networks – most famously, Napster -and continue to bring lawsuits against others. They have also sought to compel telecommunications and consumer electronics companies to disable unlicensed P2P sharing of copyright-protected works. The industries are now poised to target individuals who trade large numbers of files as well. Yet, despite this three-pronged attack, unlicensed P2P file swapping continues apace. An estimated 5.16 billion audio files and well over 100 million video files were exchanged in 2001.