Confusing The Captain With Confusing The Captain With The Cabin BoyThe Cabin Boy

The Dangers Posed To Reform Of The Dangers Posed To Reform Of Cyber Piracy Regulation By The Cyber Piracy Regulation By The

Misrepresented Interface Between Misrepresented Interface Between Society, Policy Makers & The Society, Policy Makers & The

Entertainment IndustriesEntertainment Industries

BILETA 2007

Michael Filby, Lecturer in Law, University of Hertfordshire

This work is licensed under the Creative Commons Attribution-Noncommercial- Share Alike 3.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/3.0/

1.01.0 IntroductionIntroduction

•• A Machiavellian AffairA Machiavellian Affair……??•• The tangled ball of string:The tangled ball of string:

–– IP RegulationIP Regulation–– ConsumersConsumers–– SocietySociety–– The Entertainment IndustriesThe Entertainment Industries’’

““InterfaceInterface””

2.02.0 Defining PiracyDefining Piracy

•• The CaptainThe Captain–– Business/career pirateBusiness/career pirate–– Creates many unauthorised copiesCreates many unauthorised copies–– Unauthorised copies sold for profitUnauthorised copies sold for profit

•• The Cabin BoyThe Cabin Boy–– Downloads free unauthorised copiesDownloads free unauthorised copies–– Private nonPrivate non--commercial usecommercial use

The Piracy SpectrumThe Piracy Spectrum

•• CaptainCaptain

–– Range of infringers (civil & criminal)Range of infringers (civil & criminal)

•• Cabin BoyCabin Boy

3.03.0 ““Piracy Is A CrimePiracy Is A Crime””

•• Industry Trust for IP AwarenessIndustry Trust for IP Awareness•• Initial fund of Initial fund of ££1.5million1.5million•• The The ““common enemy, the DVD piratescommon enemy, the DVD pirates””

•• Cinema, TV, DVD & Poster AdvertisementsCinema, TV, DVD & Poster Advertisements

Piracy. ItPiracy. It’’s A Crime.s A Crime.

•• Commercials apparently predominantly Commercials apparently predominantly targeted at targeted at ““Cabin BoyCabin Boy”” piratespirates

•• Activity depicted in advertisements (e.g. Activity depicted in advertisements (e.g. downloading an unauthorised copy) is a downloading an unauthorised copy) is a civil infringementcivil infringement

•• ““Movie piracy is stealing, stealing is Movie piracy is stealing, stealing is against the law. Piracy. against the law. Piracy. ItIt’’s A Crime.s A Crime.””

The Letter Of The LawThe Letter Of The Law

•• ““OffencesOffences……making unauthorised copies making unauthorised copies e.g. burning films onto DVDe.g. burning films onto DVD--RsRs””–– ButBut……

•• S.107 CDPA = S.107 CDPA = ““in the course of a in the course of a businessbusiness”” to be to be criminalcriminal–– OtherwiseOtherwise……

•• S.27(2) CDPA = a S.27(2) CDPA = a civilcivil infringementinfringement

The Copyright The Copyright ““TheftTheft”” FictionFiction

•• Theft Act 1968 (as amended)Theft Act 1968 (as amended)–– Information is not TA Information is not TA ““propertyproperty””

•• Oxford v. Moss [1978]Oxford v. Moss [1978]•• Absalom [1983]Absalom [1983]

•• ““Intention to permanently depriveIntention to permanently deprive””–– R v. Lloyd [1985]R v. Lloyd [1985]

•• ““allall its goodness or virtueits goodness or virtue”” must be gonemust be gone

4.04.0 ““Empire InvestigatesEmpire Investigates”” PiracyPiracy

•• 157,656 copies per month157,656 copies per month•• Is a man selling unauthorised copies:Is a man selling unauthorised copies:

–– Funding terrorism?Funding terrorism?–– Working for the mafia?Working for the mafia?–– Promoting slave labour?Promoting slave labour?–– Killing the movie industry?Killing the movie industry?

•• Is this article:Is this article:–– Sensationalising piracy?Sensationalising piracy?–– OverOver--simplifying the piracy model?simplifying the piracy model?–– Heavily biased in favour of ITIPA?Heavily biased in favour of ITIPA?–– Factually incorrect?Factually incorrect?–– Based on unverifiable statistics?Based on unverifiable statistics?

The Real QuestionThe Real Question……

•• Why does this article misrepresent the Why does this article misrepresent the piracy debate & law?piracy debate & law?–– The author was influenced by The author was influenced by ITIPAITIPA’’ss

misleading advertising campaignmisleading advertising campaign•• OrOr……

–– The author did not wish to bite the hand that The author did not wish to bite the hand that feeds the magazinefeeds the magazine

5.05.0 The Exploratory StudyThe Exploratory Study

•• December 2006 December 2006 (full study Feb 07)(full study Feb 07)•• 157 Respondents 157 Respondents (full study 1,072)(full study 1,072)•• Anonymous online surveyAnonymous online survey•• Aimed to:Aimed to:

–– Establish the perception of law in relation to Establish the perception of law in relation to varying forms of piracyvarying forms of piracy

–– Act as a pilot study for future researchAct as a pilot study for future research

Unauthorised CopiesUnauthorised Copies

•• DownloadingDownloading•• ViewingViewing•• PurchasingPurchasing•• Selling Selling (potentially criminal (potentially criminal –– s.107(1))s.107(1))•• GivingGiving

•• Majority believed all but viewing were offencesMajority believed all but viewing were offences•• All but selling are potential civil infringementsAll but selling are potential civil infringements

77%

43%

82%

99%

70%71%

47%

74%

94%

72%

0

25

50

75

100

Downloading Viewing Purchasing Selling Giving

ExploratoryStudy

ResearchStudy

5.1. Comparison of Perception of Law Between Exploratory Study &Research Study

Activity

Perc

ent B

elie

ving

Act

ivity

Crim

inal

Behaviour & RationaleBehaviour & Rationale

•• Prices too highPrices too high•• Time windowTime window•• Authorised copy always Authorised copy always

subsequently purchasedsubsequently purchased•• Range / varietyRange / variety•• EvaluationEvaluation•• Free & easyFree & easy•• Industry delivery inefficientIndustry delivery inefficient•• Negative view of industriesNegative view of industries

•• Already paid for authorised Already paid for authorised copy (format shifting)copy (format shifting)

•• No intention of purchasing No intention of purchasing authorised copy regardlessauthorised copy regardless

•• Time shiftingTime shifting•• Unauthorised copies Unauthorised copies

superiorsuperior•• AbandonwareAbandonware / orphaned / orphaned

worksworks

Why pirate?Why pirate?

•• Prices too highPrices too high•• EvaluationEvaluation•• Free & easyFree & easy•• Poor range / variety of authorised copiesPoor range / variety of authorised copies

6.06.0 How, What, WhyHow, What, Why

•• HowHow–– ITIPA advertising campaign & lobbyingITIPA advertising campaign & lobbying

•• WhatWhat–– Influencing / misleading societyInfluencing / misleading society

•• WhyWhy–– To protect preTo protect pre--existing retail models & avoid existing retail models & avoid

becoming defunct through complacencybecoming defunct through complacency

IPPR Regulatory ScaleIPPR Regulatory Scale

The DangerThe Danger

•• The view of the entertainment industries The view of the entertainment industries is represented as an objective pointis represented as an objective point

•• The lack of a largeThe lack of a large--scale unified opposing scale unified opposing body leads to counterbody leads to counter--view being under view being under representedrepresented

•• Society, and potentially policy makers, Society, and potentially policy makers, accept the industriesaccept the industries’’ view as the view as the objective markerobjective marker

7.07.0 ConclusionConclusion

•• A common misperception of the law is A common misperception of the law is operating, which will result in:operating, which will result in:–– Digital revolution limited by IP restrictions Digital revolution limited by IP restrictions

protecting outdated models; protecting outdated models; oror–– Industry acceptance of digital revolution Industry acceptance of digital revolution

leading to reform (Amstrad & leading to reform (Amstrad & BetamaxBetamax); ); oror–– Ongoing longOngoing long--term battle eventually term battle eventually

resulting in industry realisation that resulting in industry realisation that reform is beneficialreform is beneficial

www.CyberPiracy.co.ukwww.CyberPiracy.co.uk

•• “…“…laws were made, that the stronger laws were made, that the stronger might not in all things have his way.might not in all things have his way.””

•• Full results of exploratory study available Full results of exploratory study available onlineonline

•• Full study results available Q2 2007Full study results available Q2 2007

Michael Filby, 16/04/07

M.Filby@Herts.ac.ukThis work is licensed under the Creative Commons Attribution-Noncommercial- Share Alike 3.0 License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/3.0/

Confusing The Captain With The Cabin Boy1.0 Introduction2.0 Defining PiracyThe Piracy Spectrum3.0 “Piracy Is A Crime”Piracy. It’s A Crime.The Letter Of The LawThe Copyright “Theft” Fiction4.0 “Empire Investigates” PiracySlide Number 10The Real Question…5.0 The Exploratory StudyUnauthorised CopiesSlide Number 14Behaviour & RationaleWhy pirate?6.0 How, What, WhyIPPR Regulatory ScaleThe Danger7.0 Conclusionwww.CyberPiracy.co.uk