This article explores the legal ramifications that flow from the explosive growth of online streaming. Two decades ago rising internet usage led to the first digital disruption: Napster, file-sharing, and the re-ordering of numerous content industries, from music to film to news. The advent of mass streaming has brought us to the threshold of a second digital disruption, which will be driven by the ability of streaming platforms to harvest massive amounts of data about consumer preferences and consumption patterns. Coupled to powerful computing, the data that firms like Netflix, Spotify, and Apple collect allows those firms to know in incredible detail what consumers like. This knowledge is already shaping the content that streaming firms produce. And this shift toward what we call “data-driven creativity” has important implications for intellectual property law and for competition in markets for creative works.This article explores these phenomena via a close look at the firm...
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