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Unauthorized Uses aka Piracy
“Piracy” is...
The unauthorized copying, distribution and selling of copyrighted works
Is “piracy” theft?
Rivalrous v. Non-rivalrous?
Piracy is a Crime
Punk Capitalism (Mason)
Punk Capitalism Cont'd
• Punk is:
– DIY
– rejecting authority
– participatory culture (read/write)
– Appropriation
– subverting the mainstream
– Empowering everyday people
• Not a rock concert, not mass media, not one-way
“It's how inefficient systems are replaced” ~Mason (p. 67)
• A pirate is: a bootlegger and a guardian of free speech
• Pirates make industries more efficient
• Society benefits from pirates: access granted (makes communication “democratic”)
• Piracy creates choice and change laws
• Piracy creates NEW markets
• “By thinking like pirates, people grow niche audiences to a critical mass and change the mainstream from the bottom up.” (Mason p. 67)
Bit Torrent v. Central Location?
Infringement
• Civil= $150,000 per infringement– Innocent (didn't know you were infringing)
– Ordinary (you kinda knew you were infringing)
– Willful (you knew and tried to make $)
– $200/ for Innocent and up to $150K/ Willful
• Statutory per work (must be © registered) or actual damages (have to prove actual damages caused by the infringement )
• You can be punished for both criminal ( $250k and up to 5-10 years) and civil infringement
• Court is RARE!!! Mostly settlements. Jail is VERY rare
Courts Will Look at...
• Purpose: bootlegging CDs or make a copy for a friend
• Value: $1 MP3 or an expensive software
• Infringer's state of mind: did you know it was infringement?
• Offering uploads or seeding is clearly infringement; downloading less-so
• Allowed 1 digital copy of any “analog” good you own with copyrighted content on it
Tenacious D
Let's Terminate Piracy
“Piracy” ESTIMATES
• 1 of 5 pieces of software in US are unlicensed
– 42% of software used globally is unlicensed
– -$59B
• Hollywood/TV: $6-$10B
• Music industry: $12.5B in sales, -70K jobs= -$2B in wages
– $7B US market; $15B global market
– 95% of music downloaded is unauthorized
– Average iPod has $800 in “pirated” music
Copyright Math
• MPAA= US economy loses $58B to copyright theft
– Actual economic losses (not just value)
– Lose 370K jobs to “piracy”
• Congress has said the losses are $200B-$250B and 750K jobs
• How do we come up with these numbers???
Protectors/Enforcers
Not a Big Deal?
What Do the Boys Tell Us?
Types of Downloaders
• A) Download instead of buy
• B) Download to sample before they buy
• C) To get access to content not commercially available
• D) To get access to content that owners make available
• Likely most, though, is A (DJ food stamp, 2015)
Lessig
• “the history of the content industry is a history of piracy.” (p. 53, Free Culture)
– Film, Recorded Music, Radio, Cable, CD? Home Movie market?
• “The radio station thus gets to pirate the value of Madonna's work without paying her.” (p.59)
• In America “We were born, in this sense, a pirate nation.” (p. 63) *we didn't respect the copyright of other countries!!!
• Non-rivalrous v. rivalrous??? Theft v. piracy?
“The law turns the intangible into property.” (Lessig p. 84)