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CCR Symposium: Two Stories About Law’s Expressive Value

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3 Responses

  1. Another reason to think the optimistic story might prevail: In the filesharing context, an externla norm about ownership of intellectual property conflicted with an online culture of openness. My general impression is that the people who think cyber harassment is trivial are more likely to be people who don’t “live” online. The more the internet, and internet-based interactions, are a part of your life, the more seriously you’re likely to take online conduct, so there isn’t such a clash between an offline norm and an indepenent web culture.

  2. A.W. says:

    I am just glad we are finally having a symposium on the music of Creedence Clearwater Revival.

    As mentioned in Footnote number 2 in Fogerty v. Fantasy Records (1994), “Creedence Clearwater Revival (CCR), recently inducted into the Rock and Roll Hall of Fame, has been recognized as one of the greatest American rock and roll groups of all time. With Fogerty as its leader, CCR developed a distinctive style of music, dubbed ‘swamp rock’ by the media due to its southern country and blues feel.” So, as a matter of law, CCR is one of the greatest bands of all time and if you deny it, the ghost of Rehnquist will rise up and haunt you or something.

    Sorry, couldn’t resist.

  3. Dave says:

    Jennifer: yes, if you’re right that the people who engage in online sex harassment are not also the sorts who haunt cyberspace on a regular basis and have strong opinions about its norms, then certainly they’d have internalized cyberspace’s distinctive norms less fully, and would be less likely to insist on the persistence of those norms even in the face of legal sanctions.

    I don’t know who the people are who engage in this sort of conduct (I hope!) so I can’t really pose a guess as to who they are and what their beliefs about online norms may be. There is some evidence that people who “live” online overlap to some extent with people who think cyber harassment is trivial. I was surprised to read in one of Citron’s articles that one of the strongest defenders of online harassers (or critics of those who suggested that such harassment was problematic) was the founder of Daily Kos (I would have supposed he’d be more sympathetic). It’s only one data point, but if a web celeb like Kos thinks cyber harassment is trivial, there are likely others who “live” in cyberspace and share this view.