questions about piracy and online scams - Programming
Find an article about a online scam that took in someone who should have known better, post a link to the article here with a brief analysis of what happened and some commentary about what could have been done to avoid being victimized.Example: https://www.cnn.com/2020/01/12/us/texas-school-district-email-scam-trnd/index.html (Links to an external site.)then answer these questions: ( three sntences each)What is intellectual property and what kinds of forms does it take?Whose interests does the criminalization of copying serve?Is there a case to be made for decriminalizing piracy and at what cost?
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Cybercrime and Society,
Third Edition
© Majid Yar & Kevin F. Steinmetz
Chapter 5
Virtual ‘pirates’
Discussion
• What is intellectual property and what kinds of forms does it
take?
3
Introduction
• Traditional concepts of “property”
– Internet – transmission of information
• Increasingly common kind of virtual property – intellectual
property (IP)
– E.g. books, computer software, musical recordings,
motion pictures
– Massive increase in theft of such IPs (intellectual property
theft; copyright theft; piracy)
– Reported losses in billions
4
Overview of intellectual property,
copyright and piracy
• Defining piracy, intellectual property and copyright
• Intellectual property (IP): proprietary rights over forms of
“intangibles”
– E.g. patents, trademarks, trade secrets, copyright, etc.
• Copyright: the holder’s rights over a particular form of
original expression
– E.g. writing, music, paintings, computer software, etc.
– Understanding copyright: buying a CD
5
Scope and scale of piracy activity
• Copyright issues – “near-epidemic” levels
– International Chambers of Commerce (ICC) – $710 to
$917 billion lost in counterfeiting and piracy between 2013
and 2015
• Music
– Billions lost in file sharing
– Additional effects include
o Decline in investment in new artists
o Decline in the release of new music
o Loss of employment
6
Scope and scale of piracy activity
– Updated business models: digital downloads and
streaming
• Motion pictures
– $25 billion lost annually
– Online pirated movies – 23.8\% of global Internet
bandwidth
– Illicit subscription television series
• Computer software
– More than half of software installed on systems was
unlicensed in 2016
7
Scope and scale of piracy activity
– $52.24 billion in losses
– Includes unauthorized duplication/dissemination of video
games
• Book publishing
– Rising demand for free online access to copyrighted
books
– Sci-Hub and academic research
8
The history and growth of internet
piracy
• Expansion of the Internet, itself
– Today – 4.05 billion users worldwide
– The growth and take-downs of file-sharing
– Increasingly decentralized and fragmented
• Advantages of the Internet and accessing copyrighted
content
– Bypasses the cost of making content
– Distribution of content is rapid
– Allows unlimited copies to be made
– Bypasses border controls and affords users with
anonymity
9
The history and growth of internet
piracy
• One of the earliest examples of digital piracy – the
Homebrew Computer Club (HBCC) in the 1970s
– Leaked copy of BASIC interpreter
– Piracy or simply sharing information?
• 1990s – bulletin board systems (BBSs),
Usenet/newsgroups, file transfer protocol (FTP), Internet
relay chat (IRC)
• 1999 – advent of Napster
– Peer-to-peer (P2P) file sharing of music until its shutdown
in 2001
10
The history and growth of internet
piracy
• Problems with trying to shutdown file-sharing efforts
– Decentralization (e.g. BitTorrent)
• Content industries on the offensive
– 2003–2008: Recording Industry Association of America
(RIAA) took action against ~30,000 individuals
– BSA and the “No Piracy” program
– Anti-piracy educational campaigns
11
The history and growth of internet
piracy
• Technological approaches to protect copyrighted material
– Activation codes
– “Digital rights management” (DRM)
– Bypass: “craking”
• Employing measures to avoid detection
– Virtual private networks (VPNs)
– A return to Usenet (deemed most effective)
– Filelocker services
12
The history and growth of internet
piracy
• In the age of streaming services
– “Stream-ripping” – conversion of streaming data into files
stored locally
• Piracy services switching to the dark web
13
Who are the pirates?
• The ubiquity of piracy
– 2011 study – 47\% of computer users pirated software
all/most of the time
– Music, video games, and other software (“softlifting”)
– Inverse relationship between age and piracy propensity
• Key motivations
– Desire to try out content and criminal strain theory
– “Information wants to be free” (Brand & Herron, 1984)
– Disdain for current business models
– Money-making venture
14
Discussion
• How might we explain the high levels of involvement in such
practices by young people?
15
Development of anti-piracy initiatives:
• Criminalization of piracy
– Historically tackled through civil means
o Low prosecutions even with provisions due to a range
of factors
– Two forms of criminalization
o Using existing criminal sanctions
• Formation of industry organizations (e.g. FACT and
ACE)
• Notable prosecutions
16
Development of anti-piracy initiatives:
o Incorporation of additional provisions
• Enhanced Copyright Act of 1956
• No Electronic Theft Act of 1997
• The DMCA, TRIPS, and ACTA
• Legal regulation for content control
– Holding ISPs liable for breeches by their customers
o UK – The Digital Economy Act (DEA)
o France – HADOPI
o U.S. – SOPA and PROTECT IP
17
Development of anti-piracy initiatives:
• Policing, enforcement and piracy
– Proliferation of anti-piracy organizations
– Creation of specialist liaisons to prosecute copyright theft
• Anti-piracy education campaigns
– Particular focus on younger individuals
– School programs of the 1990s and 2000s
o E.g. FACE, SIAA, and BSA
o Warning the children and parents (legal repercussions)
18
Development of anti-piracy initiatives:
• Organizations creating advertising campaigns
– E.g. “Knock-Off Nigel” (Parkes, 2012)
– Attempt to stigmatize copyright infringement
19
Discussion
• Whose interests does the criminalization of copying serve?
• Is there a case for decriminalizing piracy?
20
Thinking critically about piracy
statistics
• The law as a social construction reflecting power dynamics
• Current statistics – product of inferences open to challenge
• Major inquiries
– Estimates extrapolated from detection and conviction
rates
– Attempts to quantify the scope and scale of the problem
– Reliance on partial industry sources
21
Thinking critically about intellectual
property rights
• The counterarguments to the “demonization of piracy”
– “Property rights” as something natural and
unquestionable
– Assertion of a straightforward equivalence between
tangible and intangible properties
– Actors will be materially harmed by piracy
• Questioning claims of harmfulness and whose interests
22
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