Authors: Kevin T. O’Sullivan
This paper argues that in order to achieve effective regulation of copyright in the online sphere, asymmetrical enforcement modalities, integrating individualised sanctions will continue to be necessary as a limb of a broader strategy of enforcement in cyberspace. In order to overcome the ‘cyber-libertarian’ dilemma in which any such modalities are consistently undermined relative to human rights norms, this paper argues autopoietic modelling should be adopted in which such concerns are alleviated as a matter of design. This paper will argue that if a pluralistic approach to enforcement is to occur as a matter of design, the polycentric nature of cyberspace must be recognised. If cyberspace is polycentric, the reality is that attempts to impose hierarchical absolutism is doomed to fail. This paper aims to map the regulatory matrix for enforcing copyright online, and identify the nodes of power within the matrix that must be assuaged before any pluralistic design may be modelled.
Keywords: Copyright, Online-Piracy, Enforcement, Regulatory Theory, Human Rights