By Keith Aoki & James Boyle& Jennifer Jenkins

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And L. Ray Patterson and Stanley W. Lindberg note the negative implications of copyright statements, such as “[n]o part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, or otherwise, without the prior written permission of copyright owners,” on public perceptions about copyright (The Nature of Copyright 10). Patterson and Lindberg go on to assert that “[i]f fallacies go unchallenged long enough, they are likely to become a substitute for the truth” (11).

Rather, it is shaped by social, political, and economic practices. Extensions to copyright law have been defended by content industry representatives and legal authorities alike as necessary for applying legal precedent to current digital media. But these legal developments have not emerged without response from others participating in the public debate. Internet users who fi nd such laws unjust continue to develop their own models and methods for cultural production in a digital age, even when those do not abide by the rules of the law.

In the paragraphs that follow, I provide a glimpse of how I will address and interpret the digital copyright debate. The ultimate goal of this exploration is to identify and understand the structures—technological, legal, and rhetorical—operating to sustain a particular model of cultural production in the digital copyright debate. Such an understanding can aid participants in moving toward a new rhetoric of copyright that may help to mobilize the debate and positively shape digital culture. 24 The Rhetoric of Intellectual Property CHAPTER OVERVIEW In Chapter 2, I make a case for the usefulness of rhetorical analysis in the study of digital copyright.

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