User:VQuiche/Online piracy

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An image of a qbittorrent interface; a popular torrenting program due to its free and open-sourced design.
Qbittorrent is one of the most widely used torrenting programs due to its free and open-sourced nature.

Online copyright piracy is the practice of downloading and distributing copywritten content digitally without permission, such as music or software.[1][2] The principle behind piracy has predated the creation of the Internet, but its online popularity arose alongside the internet. Despite its explicit illegality in many developed countries, online piracy is still widely done by many users due to many ethical reasons and its ease of use has only gotten better as technology advances.

History[edit]

The act of copying content without authoriziation goes back to when Wolfgang Amadeus Mozart visited the Sistine Chapel at the age of 14 and heard Allegri's Miserere being performed.[3] The piece was only authorized to be owned by three people: Leopold I, Holy Roman Emperor, John V of Portugal[4], and Giovanni Battista Martini.[5] After hearing it, Mozart went back and transcribed the entire piece from memory, coming back again two days later to proofread the transcription against the performance.[3] In the months following his transcription's publication, Mozart's fame for the act had gotten so high that Pope Clement XIV summoned him to Rome in order to grant him papal knighthood[6]. Nathan Fisk traces the origins of modern online piracy back to similar problems posed by the advent of the printing press. Quoting from legal standards in MGM Studios, Inc. v. Grokster, Ltd., he notes that there have historically been a number of technologies which have had a "dual effect" of facilitating legitimate sharing of information, but which also facilitate the ease with which copyright can be violated. He likens online piracy to issues faced in the early 20th Century by stationers in England, who tried and failed to prevent the large scale printing and distribution of illicit sheet music.[7]: 9–10 

The release of Napster in 1999 caused a rapid upsurge in online piracy of music, films and television, though it always maintained a focus on music in the .MP3 format.[8][9] It allowed user to share content via peer-to-peer (P2P) file sharing and was one of the first mainstream uses of this distribution methods as it made it easy for regular users to get free music. Napster's popular use would only be short lived as on July 27, 2000, it was ordered to be shut down by a federal judge; it was officially shut down July 11, 2001 in order to comply with the order and the case was officially settled on September 24, 2001.[10]

Although it was short-lived, Napster's reign allowed its users to dive into the grey-area of content piracy. Following its shutdown, many other popular P2P file sharing programs arose: the creation and usage of Limewire quickly followed suit. Learning from the mistakes of Napster, Limewired decentralized their servers by implmenting the BitTorrent protocol on the Gnutella network.[11] The success of the BitTorrent communication protocol led to the rise of many other popular programs that are still widely used today including μTorrent, Transmission, Deluge, QBittorrent, and Tixati.

Scope[edit]

The economic loss caused by digital piracy before the year 2000 is estimated to be worth $265B and in 2004 it was found that 4% of box office receipts were lost.[12]

The groups and individuals who operate piracy websites potentially earn millions of dollars from their efforts. This revenue can come from a number of sources, such as advertising, subscriptions, and the sale of content.[13] While these sites are occasionally shut down, they are often quickly replaced, and may move through successive national legal jurisdictions to avoid law enforcement. These efforts at detection and enforcement are further complicated by the often prohibitive amount of time, resources and personnel required.[14]

Some jurisdictions, such as Thailand and Malaysia, have no legislation in place to address online piracy, and others, such as the Philippines and Vietnam, have oversight regimes in place that have proven largely ineffective.[15]: 62–5 

Benefits[edit]

Online piracy has led to improvements into file sharing technology that has bettered information distribution as a whole. Additionally, pirating communities tend to model market trends well, as members of those communities tend to be early adopters. Piracy can also lead to businesses developing new models that better account for the current market.[16]

Despite the discourse on the digital threat of piracy, it has been shown that innovation and the creation of new works is flourishing more than ever on the internet despite the digital threat discourse.[17] Piracy has also benefitted users in countries where content is either unavailable or delayed. In the case of ABC's Lost, the fear of its last episode being pirated in European and Middle-Eastern countries pushed the network to accelerate the episode's distribution to those countries, resulting in the episode being available in those countries 24/48 hours after the original American broadcast.[17]

Ethics[edit]

The laws on copyright protection are clear and the penalties are heavy. The prevalence of piracy in face of these potential penalties is due to the fact that individuals do not see piracy as inappropriate let alone illegal, instead viewing it as ethically acceptable due to the core execution of piracy being that it creates a copy of the file, thus nothing tangible is being taken away from the original owner.[17][18] Additionally, depite the massive realm of copying and sharing digital content, consumers who pirate are more willing to pay for legal content when the content is consumer friendly.[19]

Conversely, those same individuals cited that the prevalence of piracy is due to the industry's inability to cater to the consumer. Many cite unsatisfactory industry practices such as obtrusive DRM in paid software, overpriced media, and split markets as their reason for pirating.[17][20] As more content is fractured into different services, consumers gravitate more towards piracy due to the inconvenience of managing multiple service subscriptions due to differing content being owned by different entities that provide their own content service such as Netflix, Hulu, HBO Go, and the recently released Disney+.

Tools[edit]

Many who pirate content use an assortment of tools in order to circumvent content restrictions and hide their activities. Such tools include but are not limited to:

See also[edit]

References[edit]

  1. ^ Choi, David Y.; Perez, Arturo (April 2007). "Online piracy, innovation, and legitimate business models". Technovation. 27 (4): 168–178. doi:10.1016/j.technovation.2006.09.004. ISSN 0166-4972.
  2. ^ "Definition of: Internet piracy". PC Magazine Encyclopedia. Retrieved 26 October 2018.
  3. ^ a b Roche, Jerome; Allegri; Scholars, Tallis; Phillips; Palestrina; Mundy (1981-06). "Miserere". The Musical Times. 122 (1660): 412. doi:10.2307/961024. ISSN 0027-4666. {{cite journal}}: Check date values in: |date= (help)
  4. ^ Stevenson, Robert (2001). Barbosa Machado, Diogo. Oxford Music Online. Oxford University Press.
  5. ^ Grove, George, 1820-1900. (1954). Grove's dictionary of music and musicians. Macmillan. OCLC 36817387.{{cite book}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  6. ^ "Vatican archive to display Mozart honour". ISSN 0140-0460. Retrieved 2020-01-30.
  7. ^ Fisk, Nathan (8 June 2009). Understanding Online Piracy: The Truth about Illegal File Sharing: The Truth about Illegal File Sharing. ABC-CLIO. ISBN 978-0-313-35474-8.
  8. ^ Giesler, Markus (1 September 2006). "Consumer Gift Systems". Journal of Consumer Research. 33 (2): 283–290. doi:10.1086/506309.
  9. ^ Fusco, Patricia (March 13, 2000). "The Napster Nightmare". ISP-Planet. Archived from the original on 2011-10-19.
  10. ^ News, A. B. C. "Napster Shut Down". ABC News. Retrieved 2020-01-30. {{cite web}}: |last= has generic name (help)
  11. ^ "How LimeWire Works". HowStuffWorks. 2008-01-25. Retrieved 2020-01-30.
  12. ^ Choi, David Y.; Perez, Arturo (April 2007). "Online piracy, innovation, and legitimate business models". Technovation. 27 (4): 168–178. doi:10.1016/j.technovation.2006.09.004. ISSN 0166-4972.
  13. ^ McCOYD, Ed (January 2012). "Online piracy of publishers' content: a primer". Learned Publishing. 25 (1): 21–28. doi:10.1087/20120104. ISSN 0953-1513.
  14. ^ Scott, Gini Graham (22 March 2016). Internet Book Piracy: The Fight to Protect Authors, Publishers, and Our Culture. Allworth Press. ISBN 978-1-62153-495-2.
  15. ^ Ballano, Vivencio O. (26 December 2015). Sociological Perspectives on Media Piracy in the Philippines and Vietnam. Springer. ISBN 978-981-287-922-6.
  16. ^ Choi, David Y.; Perez, Arturo (April 2007). "Online piracy, innovation, and legitimate business models". Technovation. 27 (4): 168–178. doi:10.1016/j.technovation.2006.09.004. ISSN 0166-4972.
  17. ^ a b c d Frosio, G. F. (2016). Digital piracy debunked: a short note on digital threats and intermediary liability. Internet Policy Review, 5(1). DOI: 10.14763/2016.1.400
  18. ^ M. Limayem, M. Khalifa and W. W. Chin, "Factors motivating software piracy: a longitudinal study," in IEEE Transactions on Engineering Management, vol. 51, no. 4, pp. 414-425, Nov. 2004. doi: 10.1109/TEM.2004.835087
  19. ^ P. D. M. Fetscherin and P. D. C. Lattemann, "Motives and Willingness to Pay for Digital Music," Third International Conference on Automated Production of Cross Media Content for Multi-Channel Distribution (AXMEDIS'07), Barcelona, 2007, pp. 189-196. doi: 10.1109/AXMEDIS.2007.41
  20. ^ Al-Rafee, Sulaiman; Cronan, Timothy Paul (2006-02). "Digital Piracy: Factors that Influence Attitude Toward Behavior". Journal of Business Ethics. 63 (3): 237–259. doi:10.1007/s10551-005-1902-9. ISSN 0167-4544. {{cite journal}}: Check date values in: |date= (help)
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