-
Confusing The Captain With Confusing The Captain With The Cabin
BoyThe Cabin Boy
The Dangers Posed To Reform Of The Dangers Posed To Reform Of
Cyber Piracy Regulation By The Cyber Piracy Regulation By The
Misrepresented Interface Between Misrepresented Interface
Between Society, Policy Makers & The Society, Policy Makers
& The
Entertainment IndustriesEntertainment Industries
BILETA 2007
Michael Filby, Lecturer in Law, University of Hertfordshire
This work is licensed under the Creative Commons
Attribution-Noncommercial- Share Alike 3.0 License. To view a copy
of this license, visit
http://creativecommons.org/licenses/by-nc-sa/3.0/
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1.01.0 IntroductionIntroduction
•• A Machiavellian AffairA Machiavellian Affair……??•• The
tangled ball of string:The tangled ball of string:
–– IP RegulationIP Regulation–– ConsumersConsumers––
SocietySociety–– The Entertainment IndustriesThe Entertainment
Industries’’
““InterfaceInterface””
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2.02.0 Defining PiracyDefining Piracy
•• The CaptainThe Captain–– Business/career
pirateBusiness/career pirate–– Creates many unauthorised
copiesCreates many unauthorised copies–– Unauthorised copies sold
for profitUnauthorised copies sold for profit
•• The Cabin BoyThe Cabin Boy–– Downloads free unauthorised
copiesDownloads free unauthorised copies–– Private nonPrivate
non--commercial usecommercial use
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The Piracy SpectrumThe Piracy Spectrum
•• CaptainCaptain
–– Range of infringers (civil & criminal)Range of infringers
(civil & criminal)
•• Cabin BoyCabin Boy
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3.03.0 ““Piracy Is A CrimePiracy Is A Crime””
•• Industry Trust for IP AwarenessIndustry Trust for IP
Awareness•• Initial fund of Initial fund of
££1.5million1.5million•• The The ““common enemy, the DVD
piratescommon enemy, the DVD pirates””
•• Cinema, TV, DVD & Poster AdvertisementsCinema, TV, DVD
& Poster Advertisements
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Piracy. ItPiracy. It’’s A Crime.s A Crime.
•• Commercials apparently predominantly Commercials apparently
predominantly targeted at targeted at ““Cabin BoyCabin Boy””
piratespirates
•• Activity depicted in advertisements (e.g. Activity depicted
in advertisements (e.g. downloading an unauthorised copy) is a
downloading an unauthorised copy) is a civil infringementcivil
infringement
•• ““Movie piracy is stealing, stealing is Movie piracy is
stealing, stealing is against the law. Piracy. against the law.
Piracy. ItIt’’s A Crime.s A Crime.””
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The Letter Of The LawThe Letter Of The Law
•• ““OffencesOffences……making unauthorised copies making
unauthorised copies e.g. burning films onto DVDe.g. burning films
onto DVD--RsRs””–– ButBut……
•• S.107 CDPA = S.107 CDPA = ““in the course of a in the course
of a businessbusiness”” to be to be criminalcriminal––
OtherwiseOtherwise……
•• S.27(2) CDPA = a S.27(2) CDPA = a civilcivil
infringementinfringement
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The Copyright The Copyright ““TheftTheft”” FictionFiction
•• Theft Act 1968 (as amended)Theft Act 1968 (as amended)––
Information is not TA Information is not TA
““propertyproperty””
•• Oxford v. Moss [1978]Oxford v. Moss [1978]•• Absalom
[1983]Absalom [1983]
•• ““Intention to permanently depriveIntention to permanently
deprive””–– R v. Lloyd [1985]R v. Lloyd [1985]
•• ““allall its goodness or virtueits goodness or virtue”” must
be gonemust be gone
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4.04.0 ““Empire InvestigatesEmpire Investigates””
PiracyPiracy
•• 157,656 copies per month157,656 copies per month•• Is a man
selling unauthorised copies:Is a man selling unauthorised
copies:
–– Funding terrorism?Funding terrorism?–– Working for the
mafia?Working for the mafia?–– Promoting slave labour?Promoting
slave labour?–– Killing the movie industry?Killing the movie
industry?
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•• Is this article:Is this article:–– Sensationalising
piracy?Sensationalising piracy?–– OverOver--simplifying the piracy
model?simplifying the piracy model?–– Heavily biased in favour of
ITIPA?Heavily biased in favour of ITIPA?–– Factually
incorrect?Factually incorrect?–– Based on unverifiable
statistics?Based on unverifiable statistics?
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The Real QuestionThe Real Question……
•• Why does this article misrepresent the Why does this article
misrepresent the piracy debate & law?piracy debate & law?––
The author was influenced by The author was influenced by
ITIPAITIPA’’ss
misleading advertising campaignmisleading advertising campaign••
OrOr……
–– The author did not wish to bite the hand that The author did
not wish to bite the hand that feeds the magazinefeeds the
magazine
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5.05.0 The Exploratory StudyThe Exploratory Study
•• December 2006 December 2006 (full study Feb 07)(full study
Feb 07)•• 157 Respondents 157 Respondents (full study 1,072)(full
study 1,072)•• Anonymous online surveyAnonymous online survey••
Aimed to:Aimed to:
–– Establish the perception of law in relation to Establish the
perception of law in relation to varying forms of piracyvarying
forms of piracy
–– Act as a pilot study for future researchAct as a pilot study
for future research
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Unauthorised CopiesUnauthorised Copies
•• DownloadingDownloading•• ViewingViewing••
PurchasingPurchasing•• Selling Selling (potentially criminal
(potentially criminal –– s.107(1))s.107(1))•• GivingGiving
•• Majority believed all but viewing were offencesMajority
believed all but viewing were offences•• All but selling are
potential civil infringementsAll but selling are potential civil
infringements
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77%
43%
82%
99%
70%71%
47%
74%
94%
72%
0
25
50
75
100
Downloading Viewing Purchasing Selling Giving
ExploratoryStudy
ResearchStudy
5.1. Comparison of Perception of Law Between Exploratory Study
&Research Study
Activity
Perc
ent B
elie
ving
Act
ivity
Crim
inal
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Behaviour & RationaleBehaviour & Rationale
•• Prices too highPrices too high•• Time windowTime window••
Authorised copy always Authorised copy always
subsequently purchasedsubsequently purchased•• Range /
varietyRange / variety•• EvaluationEvaluation•• Free & easyFree
& easy•• Industry delivery inefficientIndustry delivery
inefficient•• Negative view of industriesNegative view of
industries
•• Already paid for authorised Already paid for authorised copy
(format shifting)copy (format shifting)
•• No intention of purchasing No intention of purchasing
authorised copy regardlessauthorised copy regardless
•• Time shiftingTime shifting•• Unauthorised copies Unauthorised
copies
superiorsuperior•• AbandonwareAbandonware / orphaned /
orphaned
worksworks
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Why pirate?Why pirate?
•• Prices too highPrices too high•• EvaluationEvaluation•• Free
& easyFree & easy•• Poor range / variety of authorised
copiesPoor range / variety of authorised copies
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6.06.0 How, What, WhyHow, What, Why
•• HowHow–– ITIPA advertising campaign & lobbyingITIPA
advertising campaign & lobbying
•• WhatWhat–– Influencing / misleading societyInfluencing /
misleading society
•• WhyWhy–– To protect preTo protect pre--existing retail models
& avoid existing retail models & avoid
becoming defunct through complacencybecoming defunct through
complacency
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IPPR Regulatory ScaleIPPR Regulatory Scale
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The DangerThe Danger
•• The view of the entertainment industries The view of the
entertainment industries is represented as an objective pointis
represented as an objective point
•• The lack of a largeThe lack of a large--scale unified
opposing scale unified opposing body leads to counterbody leads to
counter--view being under view being under
representedrepresented
•• Society, and potentially policy makers, Society, and
potentially policy makers, accept the industriesaccept the
industries’’ view as the view as the objective markerobjective
marker
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7.07.0 ConclusionConclusion
•• A common misperception of the law is A common misperception
of the law is operating, which will result in:operating, which will
result in:–– Digital revolution limited by IP restrictions Digital
revolution limited by IP restrictions
protecting outdated models; protecting outdated models; oror––
Industry acceptance of digital revolution Industry acceptance of
digital revolution
leading to reform (Amstrad & leading to reform (Amstrad
& BetamaxBetamax); ); oror–– Ongoing longOngoing long--term
battle eventually term battle eventually
resulting in industry realisation that resulting in industry
realisation that reform is beneficialreform is beneficial
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www.CyberPiracy.co.ukwww.CyberPiracy.co.uk
•• “…“…laws were made, that the stronger laws were made, that
the stronger might not in all things have his way.might not in all
things have his way.””
•• Full results of exploratory study available Full results of
exploratory study available onlineonline
•• Full study results available Q2 2007Full study results
available Q2 2007
Michael Filby, 16/04/07
[email protected] work is licensed under the Creative
Commons Attribution-Noncommercial- Share Alike 3.0 License. To view
a copy of this license, visit
http://creativecommons.org/licenses/by-nc-sa/3.0/
Confusing The Captain With The Cabin Boy1.0 Introduction2.0
Defining PiracyThe Piracy Spectrum3.0 “Piracy Is A Crime”Piracy.
It’s A Crime.The Letter Of The LawThe Copyright “Theft” Fiction4.0
“Empire Investigates” PiracySlide Number 10The Real Question…5.0
The Exploratory StudyUnauthorised CopiesSlide Number 14Behaviour
& RationaleWhy pirate?6.0 How, What, WhyIPPR Regulatory
ScaleThe Danger7.0 Conclusionwww.CyberPiracy.co.uk