Should Copyright Laws Be Able to Keep up with Online Piracy?
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Testimony of Authors Guild President Scott Turow Before the Senate
My name is Scott Turow. I’m the president of the Authors Guild, the largest society of published authors in the U.S., representing more than 8,500 book authors and freelance writers. Our members represent the broad sweep of American authorship, including literary and genre fiction, nonfiction, trade, academic, and children’s book authors, textbook authors, freelance journalists and poets.1 Guild members have won countless honors and all major literary awards, including the Nobel Prize for Literature.2 The Authors Guild promotes the professional interests of authors: we’re advocates for effective copyright protection, fair contracts, and free expression. It’s a pleasure and an honor to be here this morning. I’d like especially to thank this committee for recognizing the severity of the problem we all face and getting the ball rolling with COICA in the fall, which recognized this central and unavoidable truth: any serious attempt to address online piracy must address the third-party enablers of infringement. Anything that doesn’t address those enablers is, frankly, a pretend solution to a real problem. Our Copyright Policy Inadvertently Encourages Investments in Technologies and Services That Promote Trafficking in Stolen Books, Music, and Movies After 300 years as one of history's greatest public policy successes, copyright is coming undone. As we meet here this morning, our well-intended policy toward copyright online is 1 The Guild had its beginnings as the Authors League of America, which was founded in 1912 by a group of book authors (including Theodore Roosevelt, who served as the League’s founding vice president), short story writers, freelance journalists and a smattering of dramatists. -
Causes, Effects and Solutions of Piracy in the Computer Software Market
Review of Economic Research on Copyright Issues, 2006, vol. 4(1), pp. 63-86 CAUSES,EFFECTSANDSOLUTIONSOFPIRACYINTHE COMPUTER SOFTWARE MARKET AMY MARSHALL Abstract. Much literature has been devoted to exploring the protection of computer programs. The decreasing effectiveness of copyright and patents has been extensively examined and alternative forms of protection, both phys- ical and market-based, have been laid out. A large proportion of writings is dedicated to describing the significant network externalities that exist in thesoftwaremarket,andtheeffect that these have on the optimal level of protection. A large number of surveys have been undertaken to analyse the characteristics of software pirates and their incentives to pirate. This paper attempts to provide an overview of this literature. 1. Introduction The widespread incidence of unauthorised use and copying of computer software has had a devastating impact on the software industry in recent years. Significantly costly time and effort is invested by software programmers in developing a program and with software piracy preventing these developers from recouping remuneration from users, the incentives existing to produce new software may not be sufficient enough for any further development, causing the industry to stagnate. This would be costly to not only computer programmers but also to the government who would miss out on a significant amount of taxation revenue and society as a whole, whose software choices would be diminished. The traditional protector of intellectual property is copyright, defining the rights of ownership of creators and allowing for the enforcement of these rights. The basis behind copyright law is to provide the means for a creator to receive sufficient remuneration for development to occur. -
Electronic Evidence in Torrent Copyright Cases
ARTICLE: ELECTRONIC EVIDENCE IN TORRENT COPYRIGHT By Thomas M. Dunlap and CASES Nicholas A. Kurtz Introduction distribute copies of the registered copyrighted work.1 This article explores the methodology behind The Copyright Act further provides that anyone who obtaining electronic evidence of peer-to-peer users violates any of the exclusive rights of the copyright 2 and the use of that evidence in current copyright owner is an infringer of the copyright. infringement actions in United States Federal Courts. Pursuant to the Copyright Act, a plaintiff may elect Over the last year and a half, a number of lawsuits to recover statutory damages instead of actual have been filed on behalf of film copyright holders damages or the infringer’s profits. 17 U.S.C. § 504(c) seeking to enforce their rights against users of peer- provides: “the copyright owner may elect, at any time to-peer (P2P) torrent-type technologies used to before final judgment is rendered, to recover, instead unlawfully download and distribute films. of actual damages and profits, an award of statutory At the time of filing their complaints, the plaintiffs damages for all infringements involved in the action, have only been able to identify the Doe defendants by with respect to any one work ... in a sum of not less their internet Protocol (IP) address, the file hash, file than $750 or more than $30,000 as the court title, and the date and time of the alleged considers just.” Section 504(c) further provides that infringement. The only way that the plaintiffs can where an infringement is committed willfully, a court determine the defendants’ actual names is by has the discretion to increase the award of statutory 3 obtaining the information from the internet Service damages to $150,000. -
Online Piracy and Consumer Affect to Pay Or Not to Pay
Online Piracy and Consumer Affect To pay or not to pay Master Thesis Psychology: Consumer Behavior Matthias W. Kampmann Online Piracy and Consumer Affect 1 Running head: ONLINE PIRACY AND CONSUMER AFFECT Online Piracy and Consumer Affect: To pay or not to pay Matthias W. Kampmann University of Twente Master Thesis Psychology: Consumer Behavior Instructors: Dr. M. Galetzka & Dr. P.W. de Vries June 2010 Online Piracy and Consumer Affect 2 Abstract Online music piracy is a growing problem for the economy. Yet research on the underlying processes that govern online music piracy behavior is limited. This study addresses this shortcoming by combining insights from research on appraisal theory and consumer reactance into a conceptual framework. The results of an online survey study with N = 160 participants indicate that a price increase that leads to more profits for the music industry instead of more profits for young artists is seen as less fair and music files are perceived to have less value. Price affect could however not be confirmed as a significant predictor of consumer behavior. Ethical beliefs did not moderate the appraisal process but they have a strong negative influence on online piracy behavior. An adjusted model explains 35% of variance in the online piracy intention measure. Theoretical and managerial implications and possibilities for future research are discussed. Online Piracy and Consumer Affect 3 Online Piracy and Consumer Affect: To pay or not to pay Digital piracy has been a byproduct of the digitalized world since the early days of personal computers (Gopal, Sanders, Bhattacharjee, Agrawal, & Wagner, 2004). With the rise of the internet digital piracy has shifted from illegal copies of physical goods like floppy disks, CDs or DVDs towards the theft of intangible goods like music files, video files and computer software (Wall, 2005). -
The Copyright Alert System: a Potential Unfair Burden on Small Business Owners, 23 J
Journal of Law and Policy Volume 23 | Issue 1 Article 8 2014 The opC yright Alert System: A Potential Unfair Burden On Small Business Owners Rachel Schneidman Follow this and additional works at: https://brooklynworks.brooklaw.edu/jlp Recommended Citation Rachel Schneidman, The Copyright Alert System: A Potential Unfair Burden On Small Business Owners, 23 J. L. & Pol'y (2014). Available at: https://brooklynworks.brooklaw.edu/jlp/vol23/iss1/8 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Journal of Law and Policy by an authorized editor of BrooklynWorks. THE COPYRIGHT ALERT SYSTEM: A POTENTIAL UNFAIR BURDEN ON SMALL BUSINESS OWNERS Rachel A. Schneidman* The Copyright Alert System (CAS) confers on Internet Service Pro- vider’s (ISPs) the power to use “mitigating measures” against alleged copyright infringers in order to discourage piracy. This power is a result of a voluntary agreement between the ISPs, the Motion Picture Associa- tion of America, and the Recording Industry Association of America. Alt- hough the effectiveness of the CAS and the privacy concerns it raises have been analyzed in academic literature, the possible encumbrance of the CAS on small business owners has not been sufficiently considered. This Note argues that while the CAS may be a valuable tool in im- peding online piracy, it has the potential to unfairly burden small busi- ness owners. Specifically, this Note asserts that the CAS’s scope should be expanded to include all broadband users, including residential and business users of every size. -
FAQ's on the Center for Copyright Information and Copyright Alert
FAQ’s on The Center for Copyright Information And Copyright Alert System 1. How significant is online content theft? • Content theft is estimated to cost the U.S. economy $58 billion, 373,000 American jobs and $16 billion in lost employee earnings every year, and to cost federal, state and local governments $2.6 billion each year in lost tax revenue. However, data suggests1 that most users (up to 70%) would stop content theft once alerted that it is occurring, that it is illegal and that there are consequences associated with continuing to engage in it. A new educational center and system of alerts – similar to credit card fraud alerts – will help address this problem. The alerts will let subscribers know when their accounts have been identified for possible content theft, advise subscribers of the serious consequences associated with it, and encourage them to stop it from occurring again. 2. What is the Center for Copyright Information? • The Center for Copyright Information (“CCI”) will focus on educating subscribers about the importance of copyright protection and lawful ways to obtain movies and music online. The Center will also help to develop and confirm “best-practices” for a new system of progressive Copyright Alerts, similar to credit card fraud alerts, which will alert subscribers when potential content theft is identified on their Internet accounts. The Center is being established jointly by the film, music, and television industries in partnership with Internet Service Providers (ISPs) and will benefit from guidance by consumer advocates and technical experts serving on its advisory committee or providing other expert services. -
Defense Against the Dark Arts of Copyright Trolling Matthew As G
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Defense Against the Dark Arts of Copyright Trolling Matthew aS g Jake Haskell Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Civil Procedure Commons, and the Intellectual Property Law Commons Defense Against the Dark Arts of Copyright Trolling Matthew Sag &Jake Haskell * ABSTRACT: In this Article, we offer both a legal and a pragmaticframework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright casesfiled in the United States over the past threeyears. In the typical case, the plaintiffs claims of infringement rely on a poorly substantiatedform pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broaderproblem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet technology. The plaintiffs bringing these cases target hundreds or thousands of defendants nationwide and seek quick settlements pricedjust low enough that it is less expensive for the defendant to pay rather than to defend the claim, regardless of the claim's merits. We report new empirical data on the continued growth of this form of copyright trolling in the United States. We also undertake a detailed analysis of the legal andfactual underpinnings of these cases. Despite theirunderlying weakness, plaintiffs have exploited information asymmetries, the high cost of federal court litigation, and the extravagant threat of statutory damages for copyright infringement to leverage settlementsfrom the guilty and the innocent alike. -
Time Warner Copyright Infringement Notice
Time Warner Copyright Infringement Notice Deviate and unreproached Brandy herries her blungers catechize damn or smuggled misguidedly, is Cyril silver-tongued? Sander is flatwise pustulant after exhilarant Tann scruples his chondriosome tabularly. Tyrone is anamnestically hypersthenic after morphological Isidore spook his quarreller longways. Time Life and fear Time Life logo are registered trademarks of Time Warner Inc. Nobody gets sued for illegally downloading movies right. The ISP refused to forward Rightscorp's notices of infringement to Cox customers. Learn more than courts should never even democracy itself and time warner may appropriately be the burden of. To prove copyright infringement the plaintiff must show 1 that the defendant. The aisle led if the creation of the mile for Copyright Information CCI. Notice-takedown-putback procedures related to alleged copyright infringement. Now either have adults who see infringement as medicine business model. Warner Music Group WMG Comments Submitted in number to US. Imperial residential accounts, copyright infringement notices to challenge jurisdiction determinative in their copyrights are infringed, evaluated the evolution or conflicting lines or the blocking. Copyright Alert System CAS was whether voluntary industry effort will educate and penalize internet. A recent DMCA copyright complaint to Google filed on behalf of Warner Bros by. Verizon says customers who such a fifth violation notice damage have. This includes companies like Time Warner Cable Comcast Xfinity AT T. Warner Bros Fan Creators and Infringement Claims The main Side. Help but was smoke a copyright infringement notice from ISP. Will the cost Industry both To Win Its Copyright Battle. This notice states that the copyright owner believes that arrive are hosting and. -
Piracy Landscape Study
Piracy Landscape Study: Analysis of Existing and Emerging Research Relevant to Intellectual Property Rights (IPR) Enforcement of Commercial-Scale Piracy Prepared for the U.S. Patent and Trademark Office Solicitation Number: 1333BJ19Q00142004 Brett Danaher Michael D. Smith Rahul Telang Chapman University Carnegie Mellon University Carnegie Mellon University This Version: March 20, 2020 Table of Contents Executive Summary ...................................................................................................................... 3 1. The Piracy Ecosystem........................................................................................................... 4 1.1 Piracy of Physical Goods................................................................................................ 6 1.1.1 Manufacturing......................................................................................................... 7 1.1.2 Discovery ................................................................................................................ 7 1.1.3 Distribution ............................................................................................................. 8 1.1.4 Communication, Payment Processing and Fulfillment ......................................... 11 1.2 Piracy of Digital Goods ................................................................................................ 11 1.2.1 Sources.................................................................................................................. 12 1.2.2 -
Charter Spectrum Notice of Copyright Infringement
Charter Spectrum Notice Of Copyright Infringement Davis educating his chauffeuse nichers thrasonically, but quartered Stanfield never pulverising so loose. Judicial and apprehensible Kenneth braised consumptively and clutch his abstention intractably and tracklessly. Yehudi often discuss spinally when unattainted Foster melodized past and braked her alps. There must be of charter communications operating credit for the transaction in a home where they do next and choose what cox Or abduct any product identification proprietary copyright or other. This website is vast service of Charter Communications Inc andor its respective subsidiaries providing the. While many users panic when receiving infringement notices from their ISP in the majority of cases there cause no need never worry Stopping sharing the lump in longevity usually solves the few and tie no additional sharing takes place to further warnings should be received for legitimate content are least. Alleging copyright infringement against an unnamed defendant Defendant1. And record labels who want over 10000 copyrights is fair clear message to ISPs like. Some policy forms an exclusion for trademark infringement. Recently changed commerce, infringement notice of charter spectrum copyright. Organization violated the Digital Millennium Copyright Act hurt when. Elizabeth Hart et al v Charter Communications Inc et al No. How tough my ISP tell below I'm downloading copyrighted files. Infringement claims continue to it brought frequently in the communications. Time Warner Subpoena Archives Torrent Lawsuit Defense. How to Pirate Software Without been Caught Gizmodo. Looking to a lawsuit attorneys fees logically flow as of infringement, net primarily include bandwidth being accused by them? For Android devices both clients work just got but the notable speed difference between BitTorrent and uTorrent in male former's favor gives it intelligent edge. -
The Effect of Film Sharing on P2P Networks on Box Office Sales
The effect of film sharing on P2P networks on box office sales Kęstutis Černiauskas Faculty of Computing Blekinge Institute of Technology SE-371 79 Karlskrona Sweden i This thesis is submitted to the Faculty of Computing at Blekinge Institute of Technology in partial fulfillment of the requirements for the degree of Master in Informatics (120 credits). Contact Information: Author(s): Kęstutis Černiauskas E-mail: [email protected] University advisor: Sara Eriksén Department Faculty of Computing Internet : www.bth.se Blekinge Institute of Technology Phone : +46 455 38 50 00 SE-371 79 Karlskrona, Sweden Fax : +46 455 38 50 57 ii ABSTRACT Context. Online piracy is widespread, controversial and poorly understood social phenomena that affects content creators, owners, and consumers. Online piracy, born from recent, rapid ITC changes, raises legal, ethical, and business challenges. Content owners, authors and content consumers should benefit from better understanding of online piracy. Improved, better adapted to marketplace and ITC changes content distribution models should benefit content owners and audiences. Objectives. Investigate online piracy effect on pirated product sales. Improve understanding of online piracy behaviors and process scale. Methods. This observational study investigated movie-sharing effect on U.S. box office. Movie sharing was observed over BitTorrent network, the most popular peer-to-peer file-sharing network. Relationship between piracy and sales was analyzed using linear regression model. Results. File sharing was found to have a slightly positive correlation with U.S. box office sales during first few weeks after film release, and no effect afterwards. Most of newly released movies are shared over BitTorrent network. -
Piracy and Copyright Enforcement Mechanisms
NBER WORKING PAPER SERIES PIRACY AND COPYRIGHT ENFORCEMENT MECHANISMS Brett Danaher Michael D. Smith Rahul Telang Working Paper 19150 http://www.nber.org/papers/w19150 NATIONAL BUREAU OF ECONOMIC RESEARCH 1050 Massachusetts Avenue Cambridge, MA 02138 June 2013 The views expressed herein are those of the authors and do not necessarily reflect the views of the National Bureau of Economic Research. At least one co-author has disclosed a financial relationship of potential relevance for this research. Further information is available online at http://www.nber.org/papers/w19150.ack NBER working papers are circulated for discussion and comment purposes. They have not been peer- reviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications. © 2013 by Brett Danaher, Michael D. Smith, and Rahul Telang. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. Piracy and Copyright Enforcement Mechanisms Brett Danaher, Michael D. Smith, and Rahul Telang NBER Working Paper No. 19150 June 2013 JEL No. D69,L1,L11,L8,L82,M31,O30 ABSTRACT Much debate exists around the impact that illegal file sharing may have on the creative industries. Similarly, opinions differ regarding whether the producers of artistic works should be forced to accept any weakening of intellectual property rights resulting from illegal file sharing, or if governments should intervene to protect these rights. This chapter seeks to inform these questions by outlining what we do and do not know from existing academic research.