Narratives

Trevor is doing a project for school. Since he is very adept at video mashups, he decides to use clips from different TV shows and movies to assist him with the project. After completing the masterpiece, Trevor is very excited about his work and wants not only his class but also the whole world to see his creation. Due to the fact that long segments of copyrighted material were used in the making of this clip, he decides to post the video onto YouTube with an obscure name to avoid detection and uploads it onto five other video sharing services DailyMotion, Revver, GoFish, MySpace Video, and Facebook Video to act as mirrors. He then embeds the clip onto his blog and uses IM, email, text messaging, and Twitter to spread the word about this update.

Involves the use of the following applications: Adobe Premiere, Audacity, Trillian, Thunderbird

And services: YouTube, Daily Motion, Revver, GoFish, MySpace, Facebook, Textem, and Twitter.

Questions raised from this scenario:
- What constitutes fair use?
- Do copyright laws impede creativity?

Trevor and friends are hanging out in his basement on a lazy Sunday afternoon. They just watched a trailer of an upcoming blockbuster film and the whole group is very excited -- they canât wait to get in line to see the first midnight showing. Unfortunately, the filmâs release date is one week away. With nothing else to do, Trevor proposes that he could obtain a copy of the film via a private torrent network whose administrator is a member of an infamous release group. A few of his friends brings up the concern about piracy, but since the group is at Trevorâs house, using Trevor's internet connection, nobody objects -- in fact, a few never realized this was possible. After a quick debate about what to do, soon the majority of the group wants the movie downloaded and burned to discs for everyone to have.

Involves the use of the following applications: Quicktime, uTorrent, PeerGuardian 2, DivX Player, XviD Video Codec, AC3 Audio Codec

And services: <Torrent Website>, <Release Group>

Questions raised from this scenario:
- Who should be more responsible for the piracy? The release group or the end user?
- How does group mentality play affect piracy?

After seeing Trevor successfully obtain the movie, one of Trevorâs friends decide to get more movies from a P2P program he installed a while back. After firing the application up, his computer freezes. Not knowing what happened, Trevorâs friend does a simple force reboot and after the restart, everything seems fine. In the background processes, however, the P2P program automatically shared his whole media folder to the rest of the P2P community without telling the user.

Involves the use of the following applications: <P2P Application>

Questions raised from this scenario:
- If a P2P program automatically shares all the media on a user's computer and the user is accused of copyright infringement, who should take the blame? The P2P company or the end user?
- The tech companies hired by the media industries to track down internet pirates is known for only targeting uploaders, rarely downloaders. Is this technique working?

Trevor's family live in a fairly large condominium complex. Although all the computer's in Trevor's house are connected via an encrypted wireless local area connection, Trevor's laptop has the ability to detect and connect to several other neighbor's wireless routers from the comforts of his bedroom. Since his laptop's wireless card is set connect to the closest router, Trevor often surfs the net & downloads copyrighted media using his neighbor's connection.

Involves the use of the following applications: <Wireless Configuration Utility>

Questions raised from this scenario:
- A large majority of home wireless routers do not ship with WEP and WPA security turned on, causing many personal networks to be exposed to outside threats. If an outsider uses your wireless connection to facilitate illegal file sharing, what rights do you have as the innocently accused?

Introduction to Piracy

In the simplest terms, piracy is obtaining materials without the proper rights of legal ownership. In a broader sense, piracy can represent a whole range of intellectual and physical robbery. Like what the traditional usage of this term suggests, the theft committed by ruthless sea barbarians in the early 1700s is analogous to the present day methods to wrongfully acquire or distribute copyrighted material. Yes, the recent surge in pirated Pirates of the Caribbean films is, least to say, ironic.

The main driving force behind the argument against piracy centers on the degree of copyright infringement. The creator of a new piece of work has exclusive rights or ownership over all individual products of labor. Exclusive rights include but are not limited to distribution, reproduction, the ability to perform and make derivatives of the original. Under United States and most foreign law, copyright infringement is the unauthorized use of any works or materials secured by copyright. Piracy impinges on the copyright ownerâs exclusive rights without a license to do so and thus is considered a form of copyright infringement.

Why are copyrights necessary? Copyrights and the consequences of copyright infringement not only help protect intellectual property and ownership but also benefit society as a whole. By prohibiting duplication new products and ideas for a designated period of time after creation, these laws prevent third party profiteers from stealing intellectual property and making a living from hard work of others. Copyrights provide sufficient incentives for individuals to embark on revolutionary research, make their discoveries, and present their own creations known to the world without having to worry about ownership issues. These laws promote society's scientific and intellectual progress while piracy works as the counterforce.

Currently, the piracy problem spans many corporate sectors. The MPAA, RIAA, ESA, and SIAA representing the movie, music, gaming, and software industries respectively have all taken drastic measures to cope with the repercussions from illegal sharing of their clientsâ copyrighted works. Besides publishing annual damage reports that rave about the millions upon billions of lost profit and issuing pre-litigation notices to caught violators, industries have began collaborating with educational companies to bring piracy awareness into schools.

Although some critics of these so-called âprofit seekingâ businesses frown upon the use of educational programs designed by paid business partners, the piracy-ridden industries are targeting the right demographics. As studies conducted by third party researchers show, up and coming generations of Digital Natives are more prone than any other age group to experiment with and actually commit piracy. In a 2006 study, L.E.K. consulting group found the typical internet pirate is a male between the ages of 16 and 24. They reported, â44 percent of MPA company losses in the U.S. are attributable to college students.â [1] Growing up in an environment immersed with different technological facets, Digital Natives confront the copyright issue much earlier in childhood. More and more of our youth are becoming desensitized about piracy and intellectual property rights like how we are becoming desensitized with violence on television. In a recent PEW study, researchers found that around half of the young students interviewed were not concerned with downloading and sharing of copyrighted content for gratis. Teens who download music online agree, âitâs unrealistic to expect people to self-regulate and avoid free downloading and file-sharing altogether.â [2]

Overview

Technological advancements in years saddling the new millennium brought sweeping changes to the way data is transferred across the world. The rapid increase in the availability and acceptance of broadband internet connections has allowed people from the far reaches of the globe to download large multimedia files at much faster speeds than ever before. Sharing files between computers became easier for the general population to understand. The once dominant UseNets and IRC channels slowly gave way to user-friendly graphical user interface (GUI) peer-to-peer (P2P) programs where anyone can make a simple search to produce desirable results. Emerging technologies such as Wikis and BitTorrent coupled with old tools like email and instant messaging provided additional techniques where information can be transferred from one client to the next. Finally, the adoption of standardized media formats improved the sharing experience as a whole. All of these changes, old and new, provided the foundations for the present day's pervasive illegal distribution of copyrighted material.

Classifications

Since the piracy problem is pertinent across many fields, the definition and classification of this term has become extremely controversial over the years. While members of the justice system used piracy and theft almost interchangeably, people on the other side of the aisle view this practice as an grand exaggeration of reality. To them, it is unfair to compare downloading a song with real life thievery, or in this case, the carnage of 17th century sea "pirates." Even the organizations representing the large media and software industries do not have standard, unified definition for what they are fighting. MPAA defines piracy as "a serious federal offense." As for the different kinds of piracy, MPAA only mentions "internet piracy of movies, DVD copying, illegal sales and theatrical camcording." To the ISAA, "making additional copies, or loading the software onto more than one machine, may violate copyright law and be considered piracy." RIAA defines piracy as "the illegal duplication and distribution of sound recordings." Each organization is representing its respective industry, only showing pertinent consumers mere pieces of the puzzle. A definitive, yet agreeable definition for piracy and an universal way to classify the many faces of this issue is needed.

Piracy can be classified into two categories - digital and physical. Digital piracy is the illegal duplication and distribution of copyrighted content via electronic means. While the usage of online (peer-to-peer) P2P networks is the most pervasive outlet of digital piracy, hosting copyrighted files such as MP3s, movies, and software on web servers, uploading copyrighted media on video sharing sites, and even simpler ways of distribution such as via email or instant messaging are also considered illegal digital piracy. Similar to digital piracy, physical piracy is involves the illegal duplication and distribution of works, but in physical form. Digital media can be illegally burned onto mediums such as CDs, DVDs and sold for a fraction of the retail price. Books, newspapers, magazines, course packs, journals, research and reports can also be duplicated in physical form and distributed. In fact, the MPAA reports, for 2005 "62 percent of the $6.1 billion loss result from piracy of hard goods such as DVDs, 38 percent from internet piracy." Physical piracy of media and other forms of content are much more pervasive on a global scale. This method of copyright infringement can be further classified into individual license, corporate to end-user, reseller and distributor violations.

Intentionality

Totally aware
- Direct facilitator of digital or phsyical piracy
- Usually includes monetary gains
Somewhat aware
- Consumers of pirated material
- Indirect facilitators of digital piracy
Unaware
- Individuals with computers indirectly contributing copyrighted media

Origins

Origins of piracy can be dated back as early as the mid-15th century. For the first time in history, Gutenbergâs invention of the printing press allowed for easy and inexpensive copying of paper works. As productivity and profit margins shot through the roof, competing printers each began producing copies of popular works. Although the inundation of cheaper books and other forms of writing

Current Methodologies

Digital

Over the internet by means of
- Direct connection (MSN, YouSendIt, MyTunes)
- P2P networks (Kazaa, eMule, Napster)
- Torrent networks
  - Torrent indexers (ThePirateBay, MiniNova)
  - Torrent clients (uTorrent, Azureus)
- Warez networks (astalavista.box.sk, Cracks.ms)
- FTP and web servers
- Low-quality mediums
  - Media aggregators (Tv-Links.co.uk, PeekVid)
  - Media sharing sites (YouTube, Veoh)
Violation of fair use
- Media sharing sites

Before the popularization of digital formats and the increased accessibility of the internet, illegal distribution of physical copyrighted material was the prevalent form of piracy.

Physical

Individual license violation (no profit margin, software & media)
- Installing software on multiple computers, overusing licenses
- Exploiting upgrade options
- Using academic or other non-retail software for commercial purposes
- Copying licensed software or locked media
- Distributing / sharing copied content with immediate relations
Corporate to end-user (improves profit margin, mainly software)
- Installing software on multiple computers, overusing licenses
- Client-server overuse
- Hard disk loading
Reseller and distributor (pure profit, software & media)
- Selling copied or counterfeit software for a reduced price
- Street vendors & illegal stores
- Online distribution of software via mail (direct resell, auctions)
- Unlicensed movie theaters & rental facilities

Over a period of 18 months, LEK surveyed 20,600 movie consumers from 22 countries and found "62 percent of the $6.1 billion loss result from piracy of hard goods such as DVDs, 38 percent from internet piracy." [3]

By understanding methodologies and motivations behind these commonly used utilities, we can have a better understanding of piracy in Digital Native culture.

Piracy & Law

The chain reaction that instigated copyright regulations dates back to the thirteenth century. Gutenbergâs printing press marked the beginning of a new era of information distribution. True, this device facilitated the mass production and dissemination of human knowledge; however, it also carried repercussions. The formerly tedious task of duplication by hand was sped up to a dangerous speed, a speed that needed to be controlled. When this technology arrived in England, the "need for protection of printed works was inevitable." [4] In 1710, the English Parliament passed the first official law concerning copyrights. The Statue of Anne "established the principles of authorsâ ownership of copyright and a fixed term of protection of copyrighted works." [5] Almost three hundred years have elapsed since this passing of this statue. Although some ideological remnants still remain, todayâs US copyright law "has been revised to broaden the scope of copyright, to change the term of copyright protection, and to address new technologies." [6]

Present day US copyright regulations stemmed from the first days of nationhood. When Americaâs founding fathers composed the United States Constitution in 1787, they 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." [7] This line of text in Article I, section 8 bestowed upon the State fundamental rights to a monopoly over the copyright industry. It was the governmentâs job to asset, distribute, and control all copyrights. "The First Congress implemented the copyright provision of the U.S. Constitution in 1790," modeled quite similarly to the Statue of Anne. [8] Since then there had been three major revisions which occurred in the years 1870, 1909, and 1976.

When the digital age came into view in the late â80s, Congress amended the copyright act to "prohibit commercial lending of computer software" in 1990. [9] This revision did not solve all the problems, for technology was evolving at a rapid pace. Computer savvy individuals were finding ways to bypass government copyright regulations. For example, under copyright laws up to the No Electronic Theft (NET) Act of 1997, people who intentionally distributed copyrighted software without receiving monetary benefits could not be prosecuted. The NET Act amended this loophole. [10] Following NET, 1998 was also a big year for copyright in the technological realm. The â98 Digital Millennium Copyright Act (DMCA) laid the foundations for RIAAâs cases half a decade down the line. Besides making "it a crime to circumvent anti-piracy measures built into most commercial software," the DMCA most importantly "limits internet service providers from copyright infringement liability for simply transmitting information over the Internet." [11] Known as 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.

As of January 2007, there are two portions of the United States code detailing domestic copyright regulations. USC Title 17 provides a comprehensive breakdown of every copyright guideline while 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. According to chapter 1 section 102 of Title 18, the United States copyright law protects "original works of authorship fixed in any tangible medium of express." [12] This includes "literary, musical, dramatic works, pantomimes, choreographic, pictorial, graphic, sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works." [13] Ideas, not yet formulated on such "tangible mediums," thus, do not qualify. 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.

When one or more exclusive rights such as the ones listed above have been breeched by an individual or a corporation, this respective party is considered to have committed a "copyright infringement." Although there are limitations to the power of these exclusive rights, such as cases where the violation has been deemed legitimate under the four conditions of "fair use" or other exceptions for special educational organizations, in most cases where the copyrighted content has been duplicated and/or distributed without the prior consent from the owner, infringement most likely occurred.

Consequences for infringement vary from case to case. It is up for the prosecution may choose to sue for measures at its discretion; however, the US Code does outline maximum and minimum sentences for different scenarios. Section 504 for Title 17 allows for the plaintiff to charge the defendant for actual and statutory monetary damages. Detailed evidence proving loses directly linked with the case is needed to recover actual monetary damages. As for statutory damages, the allowable compensation range from $200 to $150,000 per each infringed copyrighted work. If the prosecution can further prove that the defendant has used the copyrighted material either "for purposes of commercial advantage or private financial gain" or have reproduced or distributed content "which have a total value of more than $1,000," criminal charges found in section 2319 of Title 18 may apply. According to this section of US Code, 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. Similar subsequent 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. These criminal charges are additions to monetary damages incurred from section 504 and even possible attorney fees of the plaintiffâs party from section 505 of Title 17.

Piracy Among Digital Natives

Reasons for Piracy

Saving time & money
- Digital natives are used to having immediate access to digital media. They aren't familiar with having to go to a record store and buy the latest CD or even having to record on a VCR a favorite show -- they can get the materials almost as quickly as they come out.
Supply & demand + youth popularity
Method of self expression
Curiosity & standing trends
Weak repercussions

Piracy & Culture

Newly developed technologies of the last decade are giving users unprecedented freedom and control over media. Since embracing novel technologies and keeping current with the latest trends are crucial to the cultural standard of Digital Natives, such innovations provided the foundations for today's piracy.

Software innovations
- Fast, efficient transfer protocols
- User friendly file sharing applications
- Online advertisement system
- Software communications boom
Hardware innovations
- The personal computer
- MP3 players
- Portable multimedia players
- Storage medium technologies
- "Hardware synergy"

At heart, below the layers of accessories and fancy gadgets, the youth generation of day are not so different than the generations of the past. The rebel nature of teens is still pervasive though present generations of kids. Such teenage mentality is drives counter-mainstream adult ideologies which incites piracy.

Repercussions

For those who download through peer-to-peer (P2P) networks, the MPAA and RIAA have brought up the many potential risks one faces when accessing these servers. In the parental resources section of the MPAA website, the organization warns about four dangers of P2P programs: âSubject users to pornography, open personal files on your home computer to strangers online, increase the risk of a computer virus, lure kids into illegally downloading movies and music, which can lead to jail time and finesâ [14].

The first three concerns the MPAA notes are typical risks users face when acquiring content through such systems. Many online hackers exploit the P2P search system for monetary gains. By analyzing the trends of high demand movies or music, these profiteers simply manipulate the file names of the viruses and malware they want to spread to match the names of popular song artists and movie titles. Average users who are unaware of these tactics often times are gullible enough to execute these masked programs without realizing the fileâs identity. Even the ever-popular P2P software Limewire admits to the existence of viruses and other harmful material on their networks. In its online FAQ, the programmers warn Limewireâs users, âif you attempt to download a virus-infected file using LimeWire, you will be vulnerable to any viruses contained in that fileâ [15].

In addition to harmful materials one can download, many of these free P2P programs are packaged with third party spyware programs that will slowly but surely retard the speed and reliability of a computer. Like the infamous AOL installation back in the day, a handful of these shareware clients come bundled with various harmful third party applications. By means of a deceptive installation wizard or simply packing other software with the executable, oblivious individuals get much more than what they originally wanted.

Finally, users face the possibility of legal consequences due to copyright infringement. Since most P2P search requests will pull up media across the whole copyright spectrum, the MPAA does not want children get the impression certain copyrighted content can be acquired without charge for the legal consequences does not discriminate by age. From a warning to a petty fine of $200 to $150,000 and 5 years in jail, the potential cost of piracy is very real [16].

Solutions

Eliminating piracy in the foreseeable future is a next to impossible task. There will always be people seeking ways to circumvent laws, for rebelling against society's standards somehow makes them feel special. There is hope, however. Even though wiping out piracy is not feasible, reducing this theft of digital material can be attained.

Educate the Young

Getting the message across to the new generations of Digital Natives

It is human nature to want to fit in with the rest of the populace. For example, if the majority of Trevorâs peers does not condone or commit piracy, it is highly unlikely Trevor will spend Friday nights at home downloading the latest blockbuster for he will be at the movie theatre watching the film with his friends. Thus, it should be the media industriesâ goal to embed piracyâs immoral ideologies as early as possible in the heads of rising Digital Natives.

Although the representatives of the entertainment industry are currently pushing massive anti-piracy educational campaigns onto the public sphere, their efforts are not enough. The facts about piracy need to be incorporated into public school curriculums across the country. High school government classes should stress the consequences of copyright infringement. Parents should take part in addressing the dangers of piracy before they teach their children how to use computers. With a solid piracy awareness educational program in place, the next generations of internet users will be ready to make rational decisions about electronic theft.

Programs in place for kids in secondary schools
Programs in place for college students
- Campus Downloading
Information sites
- Microsoft
Opposing viewpoints
- RIAA partnership with iSafe, a dangerous step
- Blog post: Kids on Piracy

Improve Business Strategies

Steps the software, entertainment, and gaming industries can take to adapt to the stubborn mindsets of digital natives.

Adapting to the new digital environment
- Embrace the inevitable online music movement
  - BitTorrent and MPAA Join Forces [17]
- Develop better technologies to aid sales

Providing legal, more attractive alternatives
- Reduce material costs of current physical albums
- Renew incentives to collect

The main incentive to obtain pirated files instead of purchasing them from a legitimate seller is because of the undesirable high prices of genuine media. In a study conducted by the RIAA, the consumer prices of producing a CD nearly rose 60% between the years of 1983 and 1996. Fortunately, the price of blank CDs fell 40% during this period, otherwise âaverage retail price of a CD in 1996 would have been $33.86 instead of $12.75â [18]. The RIAA notes because âthe amount of music provided on a typical CD has increased substantially, along with higher quality in terms of fidelity, durability, ease of use, and range of choices,â not to mention todayâs insanely over the top marketing strategies, the prices of production has been consistently on the rise.

This price trend also is occurring in the DVD sales industry. With the DVD player penetration rate in American households up from 23.6% in 2001 to 76.2% in 2005, DVDs are definitely on demand [19]. The average price of a DVD title, however, rose from $20.52 to $21.35 from 2001 to 2005 while the price of blank DVDs were falling lower and lower [20]. Money conscientious consumers who are always hunting for deals turn to free P2P services or cheaper pirated versions of media because the real stuff is simply too expensive.

Adjust Policies & Enforcement Techniques

Creating new policies that clarifies digital fair use
Setting the examples (for the prosecution)
- Sue illiterate sympathizers and root release groups
  - Suing Your Customers: A Winning Business Strategy? [21]
- Be aware of social backlash
- Keep an open mind & avoid being greedy
  - Piracy stats don't add up [22]

Reflections

Numbers Tell the Story

Discuss the latest trends among Digital Natives relating to how they perceive piracy
- Gender differences
- Social-economic differences
- Family influences
- Group mentality phenomenon

Other Side of the Debate

Is piracy really causing problems for the programming/entertainment industries?
- Russian teacher fined for MS piracy [23]
- Profits from Piracy: Microsoft in China [24]