A CONSTRUCTIVE NETWORK OF ONLINE USERS AND ACTIVISTS CHALLENGING A

RIGID COPYRIGHT REGIME: South Korea’s Digital Activism and Its Policy Implications

Kwang-Suk Lee Radio-TV-FilmUniversity of Texas at Austin

July 25, 2007

Purpose

• Based on a case study in Korea, this study aims to explore the IP policy alternatives arisen from the autonomous activities of Internet users to counter the new rigid IP regime.

Research Question• how has the huge

autonomous resistance movement of Korea’s younger generations in the early 2005 against the rigid copyright system forced policymakers to reflect the free culture of citizens at the institutional level?

Theory

• Hardt & Negri’s (2004) concept of the “multitude”

– Originally used to describe a unified power of many voices resisting global capitalism, while these are internally different and plural

– But here the concept is applied to the many and varied citizen stakeholders who resisted the current trajectory of the South Korean IP regime.

Method

• Qualitative Research

• A Case Study

Upon the context and the chronology of events and issues in late 2004 and especially in early 2005 that led to the rise of e-resistance in South Korea.

• Data

Archival documents plus in-depth interviews of opinion leaders in on- and off-line civil rights groups

• The Korean gov’s affiliation with int’l IP institutions

WTO Agreement on Trade-Related Aspects of IP Rights (TRIPs) in 1995

The Berne Convention for the Protection of Literary and Artistic Works in 1996

The World Intellectual Property Organization (WIPO) Copyright Treaty in 2004

• The Gov’s conforming to the Int’l trends: Between 1957, when the Copyright Act was first enacted in Korea, and 2004, it has been revised eleven times — three of them since 2000.

The Global Conditions of Youth Rebellion

• From Political Democracy to Cultural Expression

Increasing demands to the protection of cultural expression

The widespread dissemination of digital communications in the 1990s and 2000s

The popularity of electronic forms of cultural expression such as the Internet café, electronic forums, blogs, and text messaging with mobile phones.

The Local Conditions of Youth Rebellion

• In the 2002 Korean presidential election, an election campaign using mobile phones

• OhmyNews, a Korean online news site launched in 2000 with the editorial principle that “every citizen is a reporter,” has enlisted 38,000 “citizen reporters” who publish about 150 stories on the site each day (http://www.ohmynews.com)

• in June 2002, the candlelight vigil protests against US troops: a citizens’ rally commemorating the tragic death of two teenaged girls struck by a U.S. military vehicle

Precursors of Youth Rebellion

• In October 2004, a twelfth revision of the Copyright Act (three of them since 2000) has been passed in the Korean Parliament, and enacted on January 17, 2005 – From Internet users’ opening of websites and Internet cafés for sharing information about the revised provisions of the Act into enormous anger at the rigid application of copyright.

• Early in 2005, a happening related to the national anthem, for which the law guaranteed the composer Ahn’s family in Spain a 50-year copyright term lasting until 2015 – Thousands of citizens organized online campaigns arguing free use of the anthem. Surrendering to public sentiment, the Ahn family donated the song’s copyright to the Korean people in March 2005.

An Embryonic Phase of Resistance against the IP regime

• In March 2005, another attempt in parliament to strengthen copyright holder rights again by proposing an even more restrictive version of the Copyright Act – Ignited a campaign by a coalition of Internet users and Internet-based civil rights groups — called the Disobedience to the Copyright Act campaign, which produced the “Joint Statement by Netizens on the Current Copyright Act.” .

• By April 2005, the joint activities of netizens and civil rights groups had ceased, and the copyright issue was pursued by civil rights groups alone. A netizen alliance against the copyright regime lasted the short span of three months (January–March 2005).

An Evolving but Ephemeral Phase of Resistance against the IP regime

A Metamorphosis of Resistance

At the policy level, the alternative copyright license model called the Information Sharing License (ISL) 2.0 has been accepted (it was created by IPLeft’s collaboration with the gov’s Copyright Commission).

Timetable of Anti-Copyright Resistance

Refiguring Youth E-Politics• The time span from forming an agenda to organizing resistance is rapid due to the speed of communication in the Internet era. It is important to note the upsurge and downturn patterns of youth resistant power.

• Although Internet youth groups are often unstable and have short life spans, the case study exemplifies the possibilities of youth power in that it had the effect of promoting the incorporation of the public license, or ISL 2.0, into Korean copyright policy.

• The new conditions of resistance are favorable to a horizontal coalition between hard-core Internet users and civil rights activists on specific, targeted issues. In my case study, they even proposed alternative policies through a joint meeting, statement, and protest that essentially challenged the IP regime.

Questions & Suggestions