digital media piracy

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Digital Media Digital Media Piracy Piracy Joey Duong and Branden Joey Duong and Branden Versluis Versluis

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Page 1: Digital Media Piracy

Digital Media Digital Media PiracyPiracy

Joey Duong and Branden Joey Duong and Branden VersluisVersluis

Page 2: Digital Media Piracy
Page 3: Digital Media Piracy
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What is Piracy?What is Piracy?

Software piracy is the illegal Software piracy is the illegal copying, distribution, or use of copying, distribution, or use of softwaresoftware

For example: computer programs, For example: computer programs, multi-media (audio, video), multi-media (audio, video), documents, or electronic books.documents, or electronic books.

Page 7: Digital Media Piracy

Why do people pirate?Why do people pirate?

FreeFree

ConvenientConvenient

Page 8: Digital Media Piracy

How does it work?How does it work?

• It is done through the process It is done through the process known as File Sharingknown as File Sharing

• It distributes or provides access to It distributes or provides access to softwaresoftware

• There are three types of file sharingThere are three types of file sharing

Page 9: Digital Media Piracy

Peer to peer (P2P)Peer to peer (P2P)

One of the most popular options One of the most popular options when downloading small fileswhen downloading small files

Users will download a program that Users will download a program that will link peers to one another (ie: will link peers to one another (ie: Limewire)Limewire)

If a user is looking for a specific file, If a user is looking for a specific file, they just need to look it up on the they just need to look it up on the program and can simply download program and can simply download the file from a person who has itthe file from a person who has it

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BitTorrent BitTorrent

Somewhat similar to P2P but generally Somewhat similar to P2P but generally deals with larger files and a more deals with larger files and a more complex systemcomplex system

Rather than share files through Rather than share files through computers, a user can simply upload a computers, a user can simply upload a file to a sitefile to a site

A person who decides to download a file A person who decides to download a file will simultaneously be uploading parts of will simultaneously be uploading parts of the file they have already downloadedthe file they have already downloaded

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File HostingFile Hosting

One of the simplest and newest ways One of the simplest and newest ways to distribute filesto distribute files

Users simply download an uploaded Users simply download an uploaded file from a serverfile from a server

Same process as when downloading Same process as when downloading free software (screen savers, free software (screen savers, pictures, ect)pictures, ect)

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Other illegal activitiesOther illegal activities

Although not as widespread as Although not as widespread as pirating, two other illegal activities pirating, two other illegal activities are are Bootlegging Bootlegging and and CounterfeitingCounterfeiting

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BootleggingBootlegging

Bootlegging is the unauthorized Bootlegging is the unauthorized recording of either an artist's live recording of either an artist's live concert or of a live performance concert or of a live performance broadcast on radio or television.broadcast on radio or television.

Bootlegs usually do not include the Bootlegs usually do not include the name or trademark of the name or trademark of the performer's legitimate recording performer's legitimate recording company. company.

As of January 1996, it became illegalAs of January 1996, it became illegal

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CounterfeitingCounterfeiting

Counterfeiting is the unauthorized Counterfeiting is the unauthorized duplication not only of the sound duplication not only of the sound recording but also of the graphics, recording but also of the graphics, including original artwork, logo, including original artwork, logo, trademark and packaging of trademark and packaging of legitimate recordings. legitimate recordings.

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Impact on Music SalesImpact on Music Sales

In 2003, legitimate record sales In 2003, legitimate record sales reached $32 billion USreached $32 billion US

Conversely, pirated sales amounted Conversely, pirated sales amounted to $4.5 billion USto $4.5 billion US

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A 2004 study by economists Felix A 2004 study by economists Felix Oberholzer and Koleman Strumpf Oberholzer and Koleman Strumpf concluded that music file sharing's concluded that music file sharing's effect on sales was "statistically effect on sales was "statistically indistinguishable from zero".indistinguishable from zero".

Similarly, a 2006 study published by Similarly, a 2006 study published by Industry Canada has concluded that Industry Canada has concluded that file-sharing has no measureable file-sharing has no measureable effect on the sales of CDs.effect on the sales of CDs.

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The $4.5 billion in pirated sales The $4.5 billion in pirated sales would not necessarily equate to would not necessarily equate to potential salespotential sales

Some people may only be interested Some people may only be interested in a single song which would in a single song which would warrant them from buying an entire warrant them from buying an entire album album

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Impact of PiracyImpact of Piracy

Some studies have shown that the Some studies have shown that the illegal downloading of media have illegal downloading of media have been damaging the economybeen damaging the economy

Others have stated that pirating is Others have stated that pirating is not the primary cause of decline in not the primary cause of decline in media salesmedia sales

Overall, opinions on this matter are Overall, opinions on this matter are mixedmixed

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Legality of PiratingLegality of Pirating

““Courts have ruled that consumers have the right Courts have ruled that consumers have the right to copy to copy anyany recording from the original copy, recording from the original copy, even those they do not personally own. This even those they do not personally own. This consumer right has been extended by the courts consumer right has been extended by the courts to include peer to peer downloads. Downloading to include peer to peer downloads. Downloading files is not illegal, however uploading them is.”files is not illegal, however uploading them is.”

Technically, users who download via BitTorrent, Technically, users who download via BitTorrent, are always uploading files which would mean are always uploading files which would mean what they are doing is illegalwhat they are doing is illegal

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Legality of Pirating Legality of Pirating (cont.)(cont.)

The CRIA, representing 95% of The CRIA, representing 95% of Canada’s music industry say Canada Canada’s music industry say Canada needs to toughen up copyright laws.needs to toughen up copyright laws.

"The law that is currently on the "The law that is currently on the books -- that's enforced -- is so books -- that's enforced -- is so antiquated that the net result has antiquated that the net result has been, despite all of our best efforts, been, despite all of our best efforts, Canada's become a piracy haven."Canada's become a piracy haven."

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Legality of Pirating Legality of Pirating (cont.)(cont.)

Law enforcement tend not to get Law enforcement tend not to get involved with users who download involved with users who download for recreational usefor recreational use

The main concern are people who The main concern are people who distribute pirated products with the distribute pirated products with the intent to make profitintent to make profit

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Actions taken against Actions taken against PiratesPirates

Internet Service Providers are able Internet Service Providers are able to monitor activities that are carried to monitor activities that are carried out by clientsout by clients

If the client is found pirating If the client is found pirating software, they are able to cancel the software, they are able to cancel the subscription but no legal action can subscription but no legal action can be takenbe taken

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Actions taken against Actions taken against PiratesPirates

Some media companies have been Some media companies have been known to track files that have been known to track files that have been uploaded to sitesuploaded to sites

By tracking these files, they are able By tracking these files, they are able to determine the IP address of the to determine the IP address of the downloader and find their downloader and find their whereaboutswhereabouts

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Actions taken P2PActions taken P2P

One of the most well known cases One of the most well known cases were the trials involving ‘Napster’were the trials involving ‘Napster’

Napster was the first p2p site and Napster was the first p2p site and was launched in June of 1999was launched in June of 1999

The RIAA, Recording Industry The RIAA, Recording Industry Association of America, filed a Association of America, filed a lawsuit against them in December lawsuit against them in December 19991999

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At the time of the lawsuit, Napster was At the time of the lawsuit, Napster was not well knownnot well known

The lawsuit gave the site much publicityThe lawsuit gave the site much publicity Millions of people began to use Napster Millions of people began to use Napster Two years after the lawsuit, Napster Two years after the lawsuit, Napster

was forced to shutdown was forced to shutdown Napster had to pay $26 million in feesNapster had to pay $26 million in fees

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Post-LawsuitPost-Lawsuit

After filing for bankruptcy, a After filing for bankruptcy, a company known as, Roxio, company known as, Roxio, purchased it and transformed purchased it and transformed Napster into a subscription siteNapster into a subscription site

To this day, it is now owned by Best To this day, it is now owned by Best Buy and is one the largest online Buy and is one the largest online music storesmusic stores

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Actions taken against Actions taken against BitTorrentBitTorrent

A popular site known as Mininova was A popular site known as Mininova was shutdown in November of 2009shutdown in November of 2009

Mininova was a site based in the Mininova was a site based in the NetherlandsNetherlands

It had over 1.3 million torrents (files) It had over 1.3 million torrents (files) in their databasein their database

In May 2009, the BREIN organization In May 2009, the BREIN organization began a civil procedure against began a civil procedure against MininovaMininova

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Months later, the court ruled that Months later, the court ruled that Mininova must remove all Mininova must remove all copyrighted files copyrighted files

The owners had to remove 99% of The owners had to remove 99% of their filestheir files

Mininova is still active to this day, but Mininova is still active to this day, but only contains roughly 9000 files only contains roughly 9000 files

Most of these files are uploaded by Most of these files are uploaded by lesser known bandslesser known bands

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Although both Mininova and Napster Although both Mininova and Napster have been shut down by officials, have been shut down by officials, there are still many sites that there are still many sites that provide copyrighted materialprovide copyrighted material

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Legal ActionLegal Action Canada's 1Canada's 1stst anti anti

piracy conviction piracy conviction was in December was in December 2008. Richard 2008. Richard Craig Lissaman Craig Lissaman was caught filming was caught filming the movie, Sweeney the movie, Sweeney Todd.Todd.

Recording movies Recording movies in theaters can now in theaters can now lead to up to 2 lead to up to 2 years in jail.years in jail.

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In the case Capitol v Thomas, the In the case Capitol v Thomas, the defendant was charged $222,000 in defendant was charged $222,000 in damagesdamages

The defendant uploaded 24 song The defendant uploaded 24 song files (with a retail value of $23.76) files (with a retail value of $23.76)

The judgment was later overturned The judgment was later overturned as being "wholly disproportionate"as being "wholly disproportionate"

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Bill C-61Bill C-61

Bill C-61, was a bill to amend the Bill C-61, was a bill to amend the Copyright Act that was not passed Copyright Act that was not passed due to the 2008 elections due to the 2008 elections

It was to clarify what constitutes It was to clarify what constitutes copyright infringement in regards to copyright infringement in regards to piracy and personal use. piracy and personal use.

A similar act may be passed at a A similar act may be passed at a later datelater date

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Basics of C-61Basics of C-61

Copying for personal use would be legal as long Copying for personal use would be legal as long as:as:

Citizens did not retain recorded programs for Citizens did not retain recorded programs for extended time.extended time.

Are not backups of DVDs (can only be of video Are not backups of DVDs (can only be of video cassets in format shifting)cassets in format shifting)

No "digital locks"No "digital locks" Transferring of media occurs only once per Transferring of media occurs only once per

device owned by the purchaser of the original device owned by the purchaser of the original copy while retaining the original copy.copy while retaining the original copy.

Are not of shows broadcasted with "no Are not of shows broadcasted with "no recording" flagsrecording" flags

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ViolationsViolations

Failure to comply will lead to:Failure to comply will lead to: $500 fine for music downloads$500 fine for music downloads $20,000 for severe cases$20,000 for severe cases

When tampering with the digital lock:When tampering with the digital lock: $100,000 and/or 5 years in jail for $100,000 and/or 5 years in jail for

indictable offencesindictable offences $25,000 and/or 6 months in jail for $25,000 and/or 6 months in jail for

summary offencessummary offences

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Canada and the WorldCanada and the World

““According the Organization for According the Organization for Economic Co-operation and Economic Co-operation and Development, Canada has the highest Development, Canada has the highest per capita rate of unauthorized file-per capita rate of unauthorized file-swapping in the world.”swapping in the world.”

““50% of movie pirating comes 50% of movie pirating comes from Canada…with a large from Canada…with a large percentage occurring in percentage occurring in Montreal.”Montreal.”

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Statistics of 2009Statistics of 2009

Most Pirated MoviesMost Pirated Movies

1. Star Trek1. Star Trek

2. Transformers: Revenge of the 2. Transformers: Revenge of the FallenFallen

3. RocknRolla3. RocknRolla

4. The Hangover4. The Hangover

5. Twilight5. Twilight

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Most Pirated TV ShowMost Pirated TV Show

1.1. HeroesHeroes

2.2. LostLost

3.3. Prison BreakPrison Break

4.4. DexterDexter

5.5. HouseHouse

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Most Pirated Game (PC)Most Pirated Game (PC)

1.1. Modern Warfare 2Modern Warfare 2

2.2. The Sims 3The Sims 3

3.3. PrototypePrototype

4.4. Need For SpeedNeed For Speed

5.5. Street FighterStreet Fighter