[8-15] Telephone interview with Michael Robertson.

[8-16] Ibid.

[8-17] Ibid.

[8-18] See Testimony of the Future of Music Coalition on "Online Music and Copyright
Law," submitted to Senate Judiciary Committee, April 3, 2001, 13 ("The fastest-growing
demographic segment using Napster are adults over the age of 24. Research reports have
confirmed that one of the major reasons that they are doing so is to access commercial
recordings that are no longer commercially available.").

[8-19] See Paul Goldstein, _Copyright's_Highway:_From_Gutenberg_to_the_Celestial_Jukebox_
(New York: Hill and Wang, 1994). There are two parts to this conception, of course. One
is the "celestial" part -- emphasizing universal access. The other is the "jukebox" part
-- emphasizing payment. Napster emphasized the first.

[8-20] See Scott Kirsner, "Firefly: From the Media Lab to Microsoft," _Wired_News,_ April 9,
1998, at http://www.wired.com/news/business/0,1367,11585,00.html; Daniel Lyons,
"The Buzz About Firefly," _New_York_Times,_ June 29, 1997, section 6, 37. See also An-
drew L. Shapiro, _The_Control_Revolution:_How_the_Internet_Is_Putting_Individuals_in_
_Charge_and_Changing_the_World_We_Know_ (New York: PublicAffairs, 1999), 84-101.

[8-21] See Laura J. Gurak, _Persuasion_and_Privacy_in_Cyberspace:_The_Online_Protests_Over_
_Lotus_MarketPlace_and_the_Clipper_Chip_ (New Haven, Conn., and London: Yale Uni-
versity Press, 1997); Seth Safier, "Between Big Brother and the Bottom Line: Privacy in
Cyberspace," _Virginia_Journal_of_Law_&_Technology_ 5 (2000): 6; Andrew Shapiro, "Pri-
vacy for Sale: Peddling Data on the Internet," _Nation_ (June 23, 1997). The FTC has
taken an active role in monitoring the monitors. See "United States Federal Trade
Commission, Privacy Online: Fair Information Practices in the Electronic Marketplace:
A Federal Trade Commission Report to Congress" (Washington, D.C.: Federal Trade
Commission, May 2000), available at http://www.ftc.gov/reports/privacy2000/privacy2000.
pdf. For a list of current legislation proposed, see current information on the status of
pending privacy bills, available at http://www.epic.org/privacy/bill_track.html.

[8-22] This is the argument made by Cass Sunstein, in _Republic.com_ (Princeton, N.J.:
Princeton University Press, 2001). As Sunstein argues, how groups are structured -- what
their composition is, how they deliberate -- affects the results that deliberation produces.
Cass Sunstein, _Republic.com,_ 65-71.

[8-23] The success rate of advertising is highly controversial. The general consensus is that
direct snail mail advertising response rates are generally in the 1-3 percent range. Di-
rected e-mail advertising campaigns may have response rates in the 10-15 percent range,
though some estimates run as high as 25 percent. The click-through rate for banner ads
on the Web is much lower, estimated at 0.5 percent. Mark Brownlow for Internet Busi-
ness Forum, available at www.ibizbasics.com/online040301.htm.

[8-24] A "lower cost," of course, does not mean no cost. There is still the cost of publishing
a book and at least some cost in an initial promotion.

[8-25] For a summary of peer-to-peer standards in progress, see http://peer-to-peerwg.org.
See also http://p2ptracker.com (summarizing current technology); "Business, Band-
width May Dash Hopes of a Peer-to-Peer Utopia," http://news.cnet.com/news/0-1005-
201-3248711-0.html.

[8-26] Clay Shirky, "Clay Shirky's Writings About the Internet: Economics and Culture,
Media and Community, Open Source," November 16, 2000, www.openp2p.com/pub/
a/p2p/2000/11/24/shirky1-whatisp2p.html.

[8-27] See, e.g., Nelson Minar and Marc Hedlund, "A Network of Peers: Peer-to-Peer

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