1. Unauthorized Uses aka Piracy

2. “Piracy” is...
The unauthorized copying, distribution and selling of copyrighted works

3. Rivalrous v. Non-rivalrous?
Is “piracy” theft?
Rivalrous v. Non-rivalrous?

4. Piracy is a Crime

5. Punk Capitalism (Mason)

6. 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

7. “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)

8. Bit Torrent v. Central Location?

9. Infringement Civil= up to $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

10. 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

11. Tenacious D

12. Let's Terminate Piracy

13. “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 iPhone has $800 in “pirated” music

14. Copyright Math (Loss v. Value)
MPAA= US economy loses $58B to copyright theft
Actual economic losses vs. 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???

15. Protectors/Enforcers

17. Not a Big Deal?

18. What Do the Boys Tell Us?
Artists who are most affected by piracy speak against it
Piracy doesn't affect all artists the same
Celebrities are doomed to a life of semi-luxury

19. 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?

20. “The law turns the intangible into property.” (Lessig p. 84)