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)