DIGITAL PIRACY

Cryptography

Professor Yesem Kurt

Kristen Burnette

Irene Recto

Erin Caraway

Amy Anderson

Piracy 1: an act of robbery on the high seas ; also : an

act resembling such robbery 2: robbery on the high seas 3 a: the unauthorized use of another's production, invention, or conception especially in infringement of a copyright b: the illicit accessing of broadcast signals

Copyright the exclusive legal right to reproduce, publish,

sell, or distribute the matter and form of something (as a literary, musical, or artistic work)

LAWS AGAINST PIRACY The United States Constitution (1787)

makes a reference to copyright in Article I, section 8

it gave Congress the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.“

COPYRIGHT IN THE DIGITAL AGE In 1990, Congress amended the copyright act, to

say "prohibit commercial lending of computer software“

But there were ways around this… If a tech savvy person distributed copyrighted

software without receiving any monetary benefits then they could not be prosecuted.

Until 1997, with the No Electronic Theft (NET) Act, which eliminated this loophole.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

In 1998, the DMCAC made it a crime to circumvent anti-piracy measures built into most commercial software it also limits internet service providers from copyright infringement liability for simply transmitting information over the internet by the "safe harbor provision”

DMCA Title II (OCILLA) creates a "safe harbor" for internet service providers (ISPs) from being liable for content stored or transmitted via their servers as long as they take swift steps to remove the copyrighted content when asked. This Online Copyright Infringement Liability Limitation Act also gave plaintiffs the right to subpoena user information from the ISPs to carry out individual lawsuits.

DOMESTIC COPYRIGHT REGULATIONS There are two portions of the United States

Code that deal with Domestic Copyright regulations.

USC Title 17 which provides a comprehensive breakdown of every copyright guideline and section 2319 of Title 18 lists possible consequences for criminal infringement of a copyright.

Under these laws, not everything conceived by the mind is eligible for copyright.

When a work is classified as copyrighted, section 106 of chapter 1 gives only the proper owner of the work the rights to reproduce, prepare derivate works, distribute, publicly perform, and publicly display the creation. In addition, these exclusive rights must be granted by the owner in order for third parties to use the copyrighted material.

LIMITATIONS TO POWERS OF COPYRIGHT

There are four conditions of fair use Educational purposes by some special

educational organizations

BUT, most likely when something that is copyrighted has been duplicated or distributed without the owners consent Copyright Infringement will occur.

FAIR USE? 4 FACTORS.

Factor one -- "purpose and character" – if the work advances public knowledge and is transformative with little to no commerical purposes

Factor two -- "nature of the copyright work" - more creative, less purely factual usages of published works have stronger protection against copyright infringement. Copying unpublished works without consent usually weakens the defendant's case for fair use.

Factor three -- "amount and sustantiality of portion defendant used" the larger the portion of copyrighted work, the higher the chance the ruling will be in favor of copyright infringement and vice versa.

Factor four-- "effect of defendant's use on potential market of copyrighted work" –If the work is likely to damage the originals potential market opportunities, then the court will most likely be in favor of the prosecution. (Criticism or parodies that may put the original work in a bad light are allowed even though it might damage the potential market.)

FAIR USE VS. COPYRIGHT INFRINGEMENT

Fair use

Advances public knowledge

Transformative use

Little to no commercial use

More creative, less purely factual

Copying published works

Small portions of the work copied

Derivative work does not harm potential market

Copyright infringement

Fails to do so

Less transformative use

Commercial use

Less creative, more purely factual

Copying unpublished works

Huge portions of the work copied

Derivative work harms potential market

http://www.digitalnative.org/wiki/Digital_Piracy_and_Law

PENALTIES FOR COPYRIGHT INFRINGEMENT

Prosecution can chose what they will sue for… but the US Code does outline minimum and

maximum punishments for different scenerios. for statutory damages, the allowable compensation range

from $200 to $150,000 per each infringed copyrighted work if the defendant has been found in violation of copyright for

personal financial gain, the maximum sentence is 5 years imprisonment for the first offense.

Other offenses carry 10 years imprisonment per offense. If the defendant has been found in violation of copyright for

which the content had a total value more than $1,000, the maximum penalty is 3 years imprisonment for the first offense and 6 years for each additional offense in the future

PIRACY IN OTHER COUNTRIES

Hong Kong Golden Arcade –

shopping center where dozens of shops sell hundreds of CD-ROM titles for only $10

They appear legitimate but they are actually counterfeits

PIRACY IN OTHER COUNTRIES

Malaysia Piracy is the cause of

concern in the US because the piracy in Malaysia has caused damage of US$80 million to intellectual property owners

PIRACY IN OTHER COUNTRIES

Philippines Availability of

broadband has caused illegal Internet download that serves as a threat to legitimate sales and distribution in the country

- 71% software piracy rate for the past three years- 2006: country’s estimated losses from software policy = $119million

PIRACY IN OTHER COUNTRIESPhilippines P2P network has

allowed multiple connections , typically used for sharing files containing audio, video and other digital format

eDonkey, BitTorrent, uTorrent

PIRACY IN OTHER COUNTRIES

15,000 Indian families have regular access to Bollywood movies even when no legal production has been distributing in India

Monthly rent to a website that delivers the latest Bollywood content

PIRACY IN OTHER COUNTRIES Increasing video-

hosting sites makes it virtually impossible and difficult to keep track of illegal videos

Isohunt.com, mininova.org

HOW TO PREVENT PIRACYWork and at home Make sure not to distribute

legal software illegally (i.e. without permission)

May cause legal problems in the company

Careful inspections of CD-ROMS

Do not download, upload or transmit software files without the copyright owners’ authorization

HOW TO PREVENT PIRACYMicrosoft Certificate of Authenticity Product Activation Code

HOW TO PREVENT PIRACYPAN Network Digital Interactive Fingerprinting

(DIF) for the detection, prevention and deterrence of online music and video piracy

System installed in a website and interacts with media files

Creates unique and virtually undetectable fingerprint when downloaded

Fingerprint allows a way to trace the identity of any person who downloads a copyrighted file which will appear in an unauthorized website

HOW TO PREVENT PIRACY Bill that would encourage

media companies to make more material available online More consumers would sign up

for high speed “broadband” connection and digital TV sets

Walt Disney and other media giants vs. technology firms

HOW TO PREVENT PIRACY Minimizing piracy by preserving

consumer privacy 1) offering consumer a reward

in exchange for personal information Allows firm to identify true value

consumer is willing to pay for 2) tagging the digital product

with a unique code that would retrieve no personal data and would prevent the same download from being played on more than one device at a time

INCIDENTS OF PIRACY - BOLLYWOOD

In Helsinki Finland, Rajjat Barjatya found over 15,000 Indian families who had access to Bollywood movies over the Internet.

They were paying monthly rent to a website for the latest movies, which was taking large amounts of money away from producers.

Ratatouille made its way online about 10 days before its release.

INCIDENTS OF PIRACY - BOLLYWOOD

Recent studies claim the Indian entertainment industry loses $4 billion and more than 800,000 jobs each year because of piracy.

For example, when The Matrix Reloaded was released, pirates used a file-sharing computer program called BitTorrent that let thieves download films for free within three hours of its release.

INCIDENTS OF PIRACY – RESULTS OF BOLLYWOOD

Legal action has closed sites that allow users to see pirated movies. Motion Picture Association of America won its battle with TorrentSpy, a peer-to-peer site that is now closed. Yet, Pirate Bay, a similar Sweden-based service, is still running. Pirate Bay creators say it is merely a platform and is neither uploading nor downloading proprietary content.

INCIDENTS OF PIRACY – RESULTS OF BOLLYWOOD (CONT’)

It will be a while before people like Barjatya can cast a virtual safety net over their digital assets.

No one expects piracy to be eliminated, but, given that a film's opening weekend often accounts for 60% to 70% of its earnings, every day's delay in the availability of pirated copies can make a big financial difference.

INCIDENTS OF PIRACY – ZACK MCCUNE

Two members of the Digital Natives summer team, Nikki Leon and John Randall, investigated the lawsuit of Zack McCune.

In April 2007, Zack McCune was sued for downloading by the Recording Industry Association of America during the time he was in college.

http://blogs.law.harvard.edu/digitalnatives/2008/07/23/the-ballad-of-zack-mccune-part-1/

As a result, McCune pleaded guilty to the charges (settled) and ended up $3,000 lighter in his payments.

ZACK MCCUNE – (CONT’) Issues like

copyrighted music is not only limited to piracy.

Believe or not, many artists have been sued for mixing copyrighted music to create new works.

It’s considered as stealing music.

DIGITAL CONTENT ISSUES College students are

constantly blamed as the major source of digital piracy.

Fortunately, this is not the case. The most incidents of piracy comes from individual households.

The Recording Industry Association of America’s (RIAA) data states that off-campus consumers should be the real target of the media publicity about digital piracy.

College students represent a small portion of the number of individuals cited in the RIAA's legal filings for P2P copyright violations.

SOURCES http://www.iimcal.ac.in/imz/images/3331Bollywood_Sign.jp

g.

Joshi, Priyanka. “Virtual bites: Digital piracy robs Bollywood.” Business Standard. 8 July 2008. 25 Nov. 2008. http://www.business-standard.com/india/storypage.php?autono=328043.

Leon, Nikki and John Randall. “The Battle of Zack McCune, Part 1.” Digital Natives. 23 July 2008. 25 Nov. 2008. http://blogs.law.harvard.edu/digitalnatives/2008/07/23/the-ballad-of-zack-mccune-part-1/.

Movies – DVDRip. “Ratatouille (2007).” Show Movie. TV. 25 July 2008. 25 Nov. 2008. http://www.starstore.com/acatalog/ratatouille-solo-l.jpg.

SOURCES (CONT’) “The Battle of Zack McCune, Part 3.” John Spam. 6 Aug. 2008. 25

Nov. 2008. http://johnrandall.com/blog/2008/08/06/the-ballad-of-zack-mccune-part-3/.

“Digital Piracy and the Law” 24 November 2007. 28 November 2008.http://www.digitalnative.org/wiki/Digital_Piracy_and_Law