Rob Kasunsic, US Copyright Office

Rob Kasunsic – US Copyright Office – IAEL ISP Collective Licensing Opinion
On the merits, I’m not inclined to chime in. I’m not a fan of alternative compensation systems, including the outlined consumer levy. I spoke at the FMC summit several years ago on ACS and highlighted many of the practical problems, not the least of which is allocation and distribution to copyright owners and creators. In many cases, consumers are quite happy deciding what to purchase and when, and may not be inclined to subsidize those who are not happy with authorized sources of copyrighted works. There is also a significant amount of market competition for digital sources of copyrighted material. Without some sort of market failure, I don’t see the need for such a shift. Moreover, how would this affect authorized and unauthorized sources of works? Sounds to me like this is a solution in search of a problem that entails many unanswered questions and prospective problems in itself. Have you talked to Lon Sobel? I believe that he is one of the people who first came up with the idea of ISP intermediary collection. I discussed his article in my article on iTunes (the latter of which is available on the Stanford site and was published in Lon’s Entertainment Law Reporter). Here’s a link to the latter version: http://www.kasunic.com/Articles/Solving%20P2P%20Problem.pdf. I think this article explains part of my position. It could certainly be linked to or cited. Depending on the timing of this, if you would like a critique of ACS or a particular model, I would be happy to do that, but could not likely get to it until early in the year.

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