Implicações políticas e jurídicas dos direitos autorais na internet

Abstract

The commercial expansion of the Internet originated new legal issues, and with them new disputes over how to achieve the best regulation. One of the most affected legal areas was copyright, due to renewed possibilities for distribution of intellectual goods. There arose a polarization between advocates of a strengthening of copyrights, represented mainly by the content and software industries, and advocates of access to these materials, based on new business models. This latter position derivates, among other values, from the so-called culture of the Internet, that features a form of production and sharing of intellectual goods that has established itself over the decades leading up to the commoditization of the Internet. The pressure for what we call copyright maximalism resulted in new laws and international treaties, which formed the basis for what was established as war against piracy. Losing space in official arenas, advocates of open models of software and culture production have developed alternative private models, of voluntary adhesion, as resistance and preservation of a body of free intellectual goods. Their forerunner is the free software movement, which established a model that would be followed by other communities, as was the case of Creative Commons. We analyze, in this paper, the scenario to which these two movements oppose, investigate the legal alternatives they pose, and the impact that this regulatory model resulted in their environments. Despite sharing strategies, the two movements relate to specific objects and communities, what leads to different consequences as to results achieved and possible future developments.