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Abstract
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Is copyright law a naked emperor whose garments are shed every few years or decades when a new technology comes into the market? From printing presses to generative AI, history reveals a recurring impulse to adjust copyright law with new technological advancements. Does technology strip copyright bare, or is this a result of a well-regulated discourse that makes it look so? Using Foucauldian ideas, this short essay problematizes this pervasive “new technology, new copyright policy” trend, arguing that it stems from the “balance” discourse – a pervasive mode of thinking that has become dominant in the last few recent decades that frames copyright as a zero-sum tool mediating between authors’ rights and the public interest.