Digital Piracy and Intellectual Property Theft
Digital Piracy and Intellectual Property Theft CJ 290
Popular in Special Topics: Cybercriminology
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This 5 page Class Notes was uploaded by Erica Kugler on Friday September 18, 2015. The Class Notes belongs to CJ 290 at University of Alabama - Tuscaloosa taught by Kellin Treadway in Fall 2015. Since its upload, it has received 68 views. For similar materials see Special Topics: Cybercriminology in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/18/15
Digital Piracy and Intellectual Property Theft Intellectual Property 0 Intellectual Property an original idea involving some form of creative expression that when put into a fixed medium becomes a tangible property viewable by others 0 Ex written works paintings sculptures audiovisual recordings 0 Legal protections and registration of property are necessary in the US 0 Trademarks distinguishable mark associated wa brand I Ex Nike quotswooshquot UA A 0 Patent way something works process I Ex Apple s swipe to unlock a phone is a patent 0 Trade secrets any knowledge related to something in a company that s proprietary I Ex formula for Coke 0 Copyright right of the owner to reproduce print publish etcs the creative expression I exists the minute the creative expression is completed I must register the creative expression in order to have legal right to sue others for copyright infringement 0 Copyright holder rights 0 Reproduce the work make work available to the public make sequels of the work 0 Usually the creator of the work holds the copyright I Exception workforhire 0 Ex Coke employee makes a new drink formula but Coke Company gets the copyright 0 Copyright lasts until the owners death plus 50 years 0 Fair use exception to copyrights instances when people can use other peoples works legally o 1 purpose of use gt will work be used publicly or privately o 2 nature of the use gt will work be used for mass audience or a small audience 0 3 nature of the work gt will work be satirical or a modification of the original 0 4 effect of use on the market gt does use of the work affect the owners profitability 0 Ex Beta Max gt DVR record shows for later viewing ruled to be fair use Digital Piracy 0 Digital piracy the unauthorized and illegal copying of digital media wo explicit permission of the copyright holder 0 Covers software music movies and media in all forms 0 Evolution of digital piracy 0 19705 and 19805 people could record TV and music played on the radio I VHS tapes video cassette recorders audio tapes mixed tapes 0 19805 pirates were called quotwarez dudez I Pirated software quotwarezquot shared via BBS 0 1990s P2P software became a key resource for pirating gt Limewire Napster Kazaa I P2P peep 2 peer gt people upload something to Limewire and then other people can download it way to share filesmedia over the Internet 0 1990s and 2000s changes occurred gt CDs MP3 format compression DVDsBlue Ray 0 2000s torrent sharing became the dominant model of pirating I Torrent small file sharing I Bit torrent protocol for P2P file sharing of large amounts of data online Internet s Impact 0 Internet and computer technology have made piracy possible for all 0 Free access to Wifi and expansion of places offering Wifi o Easytouse computer programs 0 Digital media players 0 Large storage devices Pirates 0 Piracy cuts across all ages 0 Not all who pirate pirate heavily 0 Small scaling pirating vs very day pirating 0 Hardcore pirating usual male young feel no ethical conflict wtheir actions 0 Subculture of piracy o Justify their behavior in the following ways I Software is expensive to better to get it quotfreequot steal it I Companies make too much money why pay their product price I If an item doesn t have security protections then it deserves to be cracked I Information should be free for all Laws pertaining to piracy 0 Copyright laws have evolved since the 1800s 0 World Intellectual Property Organization WIPO o Formed in 1976 to governestablishmanage copyrights globally I Created a common framework for copyright laws 0 Developed the Berne Convention for the Protection of Literary and Artistic Rights 1986 I Deals wcopyrights and international boundary issues I Copyright law follows the country where the creative expression was made 0 Copyright Act of 1986 0 Removed power to prosecute copyright infringement cases from the states I Ie Federal government now handles copyright infringement cases 0 Grants the creator of the work the right to reproducedistributemodify it for his or her life plus 50 years 0 It s a crime to willingly infringe on existing copyrights for the purposes of I Commercial advantage I Private gain I Distributing copies of works that are valued over 1000 within a 180 day period 0 No Electronic Theft Act 1997 NET Act 0 Increased penalties for copyright violations 0 Law made receipt of uploadeddownloaded copyright material illegal o Sanctions established for music piracy 0 Digital Millennium Copyright Act of 1998 0 Extended copyright protection to music and performances that have been recorded 0 Made it illegal to tamper w or circumvent protective technology on copyright works 0 Applied criminal sanctions to infringement cases 0 SOPA Stop Online Piracy Act 2011 0 Goal punish websites that host copyright content ex Youtube and music 0 Didn t pass Law Enforcement of Piracy o 3 agencies are primarily involved in piracy cases 0 FBI 0 CBP Customs and Border Patrol 0 ICE Immigration and Customs Enforcement Industry Responses 0 Recording Industry Association of America RIAA 0 Supports businesses engaged in the recording industry and production of music I Protects intellectual property of artists I Researches needs of the industry I Monitors and introduces lawsregulationspolicies 0 Motion Picture Association of America MPAA I Protects the rights of artists and creative producers Key words 0 Berne Convention for the Protection of Literary and Artistic Works 0 1986 convention that created legal framework for intellectual property rights when international jurisdiction issues are involved 0 Copyright 0 Legal form of protection for intellectual property o Prescribes who can use the intellectual property who has the right to control it and who has the legal entitlement of payment for it Copyright Act of 1976 0 Federal law that removed the power to prosecute copyright infringement cases from state courts in 1976 I Ie Federal government now handles copyright infringement cases Digital Millennium Copyright Act DMCA 0 Revised edition of Copyright Act 0 Goal subvert online media piracy by extending legal protection to recorded musicperformances Digital piracy 0 Form of cybercrime encompassing the illegal copying of digital media such as computer software digital sound recordings and digital video recordings wo the permission of the copyright holder File sharing 0 Sharing of files between internet users Intellectual property 0 Original idea involving a creative expression that is put into a fixed medium like a canvas or CD 0 The intellect becomes quotpropertyquot when it is put into a tangible piece of work that can be viewed by others MP3 format 0 Compressed audiomedia file for easier distribution over the Internet Napster 0 Popular file sharing program in 1999 that allowed Internet users to engage in piracy No Electronic Theft NET Act of 1997 0 Federal law designed to increase the penalties for the duplication of copyrighted work Patent 0 Way something works process PeertoPeer P2P filesharing protocols 0 Rules regarding filesharing usually of pirated material to evade law enforcement The Pirate Bay 0 Group the enables piracy Torrent 0 Form of file sharing that enables easy and distributed access to various intellectual property and online content Trademark o Distinguishable mark associated wa brand Warez o Pirated material Warez doodz 0 software quotdudesquot 0 Individuals who posted and shared programs regarding pirated material World Intellectual Property Organization WIPO 0 International org designed to support intellectual property rights