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> In this essay I will argue that as peer-to-peer (p2p)-based file-sharing increasingly becomes the norm for media acquisition among the general Internet public, entities such as The Pirate Bay and associated quasi-institutional entities such as Piratbyrån, Zeropaid, TorrentFreak, etc. have begun to appear less as a reactive force (i.e. breaking the rules) and more as a proactive one (setting the rules). In providing platforms for sharing and for voicing dissent towards the established entertainment industry, the increasing autonomy gained by these piratical actors becomes more akin to the concept of positive liberty than to a purely negative, reactive one. 1 Rather than complain about the conservatism of established forms of distribution they simply create new, alternative ones. Entities such as The Pirate Bay can thus be said to have effectively had the upper hand in the conflict over the future of copyright and digital distribution. They increasingly set the terms with regard to establishing not only technical protocols for distribution but also codes of behaviour and discursive norms. The entertainment industry is then forced to react to these terms. In this sense, the likes of The Pirate Bay become in the language of French philosopher Michel de Certeau (1984) strategic rather than tactical. With this, however, comes the added problem of becoming exposed by their opponents as visible perpetrators of particular acts. The strategic sovereignty of sites such as The Pirate Bay makes them appear to be the reason for the wider change in media distribution, not just an incidental side-effect of it. > In this essay I will argue that as peer-to-peer (p2p)-based file-sharing increasingly becomes the norm for media acquisition among the general Internet public, entities such as The Pirate Bay and associated quasi-institutional entities such as Piratbyrån, Zeropaid, TorrentFreak, etc. have begun to appear less as a reactive force (i.e. breaking the rules) and more as a proactive one (setting the rules). In providing platforms for sharing and for voicing dissent towards the established entertainment industry, the increasing autonomy gained by these piratical actors becomes more akin to the concept of positive liberty than to a purely negative, reactive one. 1 Rather than complain about the conservatism of established forms of distribution they simply create new, alternative ones. Entities such as The Pirate Bay can thus be said to have effectively had the upper hand in the conflict over the future of copyright and digital distribution. They increasingly set the terms with regard to establishing not only technical protocols for distribution but also codes of behaviour and discursive norms. The entertainment industry is then forced to react to these terms. In this sense, the likes of The Pirate Bay become in the language of French philosopher Michel de Certeau (1984) strategic rather than tactical. With this, however, comes the added problem of becoming exposed by their opponents as visible perpetrators of particular acts. The strategic sovereignty of sites such as The Pirate Bay makes them appear to be the reason for the wider change in media distribution, not just an incidental side-effect of it.
Caren Irr. Pink Pirates: Contemporary American Women Writers and Copyright. University of Iowa Press, 2010 Caren Irr. Pink Pirates: Contemporary American Women Writers and Copyright. University of Iowa Press, 2010
https://library.memoryoftheworld.org/#/book/3c065cd2-f1f2-440b-80ce-64f7948b4b7a
> Today, copyright is everywhere, surrounded by a thicket of no trespassing signs that mark creative work as private property. Caren Irrs Pink Pirates asks how contemporary novelists—represented by Ursula Le Guin, Andrea Barrett, Kathy Acker, and Leslie Marmon Silko—have read those signs, arguing that for feminist writers in particular copyright often conjures up the persistent exclusion of women from ownership. Bringing together voices from law schools, courtrooms, and the writer's desk, Irr shows how some of the most inventive contemporary feminist novelists have reacted to this history. Explaining the complex, three-century lineage of Anglo-American copyright law in clear, accessible terms and wrestling with some of copyright law's most deeply rooted assumptions, Irr sets the stage for a feminist reappraisal of the figure of the literary pirate in the late twentieth century—a figure outside the restrictive bounds of U.S. copyright statutes. Going beyond her readings of contemporary women authors, Irrs exhaustive history of how women have fared under intellectual property regimes speaks to broader political, social, and economic implications and engages digital-era excitement about the commons with the most utopian and materialist strains in feminist criticism. > Today, copyright is everywhere, surrounded by a thicket of no trespassing signs that mark creative work as private property. Caren Irrs Pink Pirates asks how contemporary novelists—represented by Ursula Le Guin, Andrea Barrett, Kathy Acker, and Leslie Marmon Silko—have read those signs, arguing that for feminist writers in particular copyright often conjures up the persistent exclusion of women from ownership. Bringing together voices from law schools, courtrooms, and the writer's desk, Irr shows how some of the most inventive contemporary feminist novelists have reacted to this history. Explaining the complex, three-century lineage of Anglo-American copyright law in clear, accessible terms and wrestling with some of copyright law's most deeply rooted assumptions, Irr sets the stage for a feminist reappraisal of the figure of the literary pirate in the late twentieth century—a figure outside the restrictive bounds of U.S. copyright statutes. Going beyond her readings of contemporary women authors, Irrs exhaustive history of how women have fared under intellectual property regimes speaks to broader political, social, and economic implications and engages digital-era excitement about the commons with the most utopian and materialist strains in feminist criticism.