Protect Network Neutrality against Intellectual Property Rights - a legal and social network perspective - ICKCS 2012 (June 30, 2012) Shinto Teramoto Professor of Law, Kyushu University, Japan 1

2 Wikipedia “service blackout” (January 18, 2012) in protest against the SOPA (Stop Online Piracy Act) and the PIPA (Protect IP Act).

The advocates for strong IP rights ✓ Intervening in the major Internet players is essential to protect IP rights. The advocates for freedom of speech ✓ The neutrality of the Internet is critical to our democratic and equal society. 3 Crucial debates

The background of crucial debates -- Conflict between the Function and Goal of IP rights 4

5 Dissemination of Information through the society. Information Receivers of Information

The background of crucial debates -- Conflict between the Function and Goal of IP rights 6 Cutting off paths to access information. Information Receivers of Information Intermediary

The background of crucial debates -- Conflict between the Function and Goal of IP rights 7

The works of actor 1, 7, 12 are distrubuted by hub actors 17,

9 Actor 17 controls the flow of information by exercising IP rights against actor 18, 19.

Winny developer is not guilty. The Supreme Court of Japan, December 19, * Winny: A Japanese P2P communication software. 10

“Neutrality” of telecommunication technology was emphasized by the court. [A]s the judgment of the court of first instance and that of second instance refer to it as “value-neutral software;” Winny is software to be used both for legal and illegal purposes including copyright infringement; it is left to the discretion of individual users whether each of them uses this for copyright infringement or for other purposes. 11

A small-world network Shortcuts reduce the average distance. 12

A complete graph 13 average distance = 1

A neutral telecommunications network A network with a neutral intermediating actor (actor 17 ). Average distance becomes substantially closer to 1. 14

The geometric position of the intermediating actor of a neutral telecommunications network is almost identical to the position of the hub of a conventional star network. However, intervention in the neutral activities of the intermediating actor will severely damage the neutral telecommunications network. 15

A simple analysis of graphs representing several forms of communication networks suggests the essential role of neutral telecommunications networks and its intermediating actor. The opinion of the Supreme Court of Japan that ruled against IP rights intervention in the neutrality of telecommunications technologies is justified. 16 Conclusion

Thank you.