Internet piracy
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Online piracy or software piracy is the practice of
download In computer networks, download means to ''receive'' data from a remote system, typically a server such as a web server, an FTP server, an email server, or other similar system. This contrasts with uploading, where data is ''sent to'' a remote ...
ing and distributing
copyrighted A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
works digitally without permission, such as
music Music is generally defined as the art of arranging sound to create some combination of form, harmony, melody, rhythm or otherwise expressive content. Exact definitions of music vary considerably around the world, though it is an aspe ...
or
software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consist ...
. The principle behind
piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
has predated the creation of the
Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, p ...
, but its online popularity arose alongside the internet. Despite its explicit
illegality A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') ...
in many
developed countries A developed country (or industrialized country, high-income country, more economically developed country (MEDC), advanced country) is a sovereign state that has a high quality of life, developed economy and advanced technological infrastruct ...
, online piracy is still widely practiced, due to both the ease with which it can be done, the often defensible
ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...
behind it, and access to files that would normally cost money. Some of the most pirated software includes Adobe Software and Microsoft Office.


History

One of the earliest recorded acts of unauthorized content copying was when fourteen-year-old
Wolfgang Amadeus Mozart Wolfgang Amadeus Mozart (27 January 17565 December 1791), baptised as Joannes Chrysostomus Wolfgangus Theophilus Mozart, was a prolific and influential composer of the Classical period. Despite his short life, his rapid pace of composition r ...
visited the
Sistine Chapel The Sistine Chapel (; la, Sacellum Sixtinum; it, Cappella Sistina ) is a chapel in the Apostolic Palace, the official residence of the pope in Vatican City. Originally known as the ''Cappella Magna'' ('Great Chapel'), the chapel takes its nam ...
around 1771 and heard
Gregorio Allegri Gregorio Allegri (17 February 1652) was a Roman Catholic priest and Italian composer of the Roman School and brother of Domenico Allegri; he was also a singer. He was born"Allegri, Gregorio" in ''Chambers's Encyclopædia''. London: George Newne ...
's '' Miserere'' being performed. The piece's sheet-music was only authorized to be owned by three people:
Leopold I, Holy Roman Emperor Leopold I (Leopold Ignaz Joseph Balthasar Franz Felician; hu, I. Lipót; 9 June 1640 – 5 May 1705) was Holy Roman Emperor, King of Hungary, Croatia, and Bohemia. The second son of Ferdinand III, Holy Roman Emperor, by his first wife, Maria ...
,
John V of Portugal Dom John V ( pt, João Francisco António José Bento Bernardo; 22 October 1689 – 31 July 1750), known as the Magnanimous (''o Magnânimo'') and the Portuguese Sun King (''o Rei-Sol Português''), was King of Portugal from 9 December 17 ...
, and
Giovanni Battista Martini Giovanni Battista or Giambattista Martini, O.F.M. Conv. (24 April 1706 – 3 August 1784), also known as Padre Martini, was an Italian Conventual Franciscan friar, who was a leading musician, composer, and music historian of the per ...
. After having heard it for the first time, Mozart went back to his hotel and transcribed the entire piece from memory, coming back again two days later to proofread the transcription against the performance. In the months following his transcription's publication, Mozart's fame for the act had grown to such an extent that
Pope Clement XIV Pope Clement XIV ( la, Clemens XIV; it, Clemente XIV; 31 October 1705 – 22 September 1774), born Giovanni Vincenzo Antonio Ganganelli, was head of the Catholic Church and ruler of the Papal States from 19 May 1769 to his death in Sep ...
summoned him to
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
in order to grant him
papal knighthood The orders, decorations, and medals of the Holy See include titles, chivalric orders, distinctions and medals honoured by the Holy See, with the Pope as the fount of honour, for deeds and merits of their recipients to the benefit of the Holy ...
. Nathan Fisk traces the origins of modern online piracy back to similar problems posed by the advent of the
printing press A printing press is a mechanical device for applying pressure to an inked surface resting upon a print medium (such as paper or cloth), thereby transferring the ink. It marked a dramatic improvement on earlier printing methods in which the ...
. Quoting from legal standards in ''
MGM Studios, Inc. v. Grokster, Ltd. ''MGM Studios, Inc. v. Grokster, Ltd.'', 545 U.S. 913 (2005), is a United States Supreme Court decision in which the Court ruled unanimously that the defendants, peer-to-peer file sharing companies Grokster and Streamcast (maker of Morpheus), coul ...
'', 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 Stationery refers to commercially manufactured writing materials, including cut paper, envelopes, writing implements, continuous form paper, and other office supplies. Stationery includes materials to be written on by hand (e.g., letter paper) ...
in England, who tried and failed to prevent the large scale printing and distribution of illicit
sheet music Sheet music is a handwritten or printed form of musical notation that uses musical symbols to indicate the pitches, rhythms, or chords of a song or instrumental musical piece. Like its analogs – printed books or pamphlets in English, ...
. Starting in the 1980s, the availability of dial up modems led to the creation of the first
warez Warez is a common computing and broader cultural term referring to pirated software (i.e. illegally copied, often after deactivation of anti-piracy measures) that is distributed via the Internet. Warez is used most commonly as a noun, a plural ...
distribution groups.
Internet Relay Chat Internet Relay Chat (IRC) is a text-based chat system for instant messaging. IRC is designed for group communication in discussion forums, called '' channels'', but also allows one-on-one communication via private messages as well as chat an ...
featured file servers and
XDCC XDCC (Xabi DCC or eXtended DCC) is a computer file sharing method which uses the Internet Relay Chat (IRC) network as a host service. History Limitations in the original DCC protocol prevented the transfers of very large files, or groups of ...
prior to numerous methods and still continue to be used. The release of
Napster Napster was a peer-to-peer file sharing application. It originally launched on June 1, 1999, with an emphasis on digital audio file distribution. Audio songs shared on the service were typically encoded in the MP3 format. It was founded by Sha ...
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. It allowed users 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. 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, Limewire decentralized their servers by implementing the
Gnutella Gnutella is a peer-to-peer network protocol. Founded in 2000, it was the first decentralized peer-to-peer network of its kind, leading to other, later networks adopting the model. In June 2005, Gnutella's population was 1.81 million compute ...
network. The success of the BitTorrent
communication protocol A communication protocol is a system of rules that allows two or more entities of a communications system to transmit information via any kind of variation of a physical quantity. The protocol defines the rules, syntax, semantics and synchroniza ...
led to the rise of many other popular programs that are still widely used today including
μTorrent μTorrent, or uTorrent (see pronunciation) is a proprietary adware BitTorrent client owned and developed by Rainberry, Inc. with over 150 million users. It is the most widely used BitTorrent client outside China; globally only behind Xunlei. ...
,
Transmission Transmission may refer to: Medicine, science and technology * Power transmission ** Electric power transmission ** Propulsion transmission, technology allowing controlled application of power *** Automatic transmission *** Manual transmission ** ...
,
Deluge A deluge is a large downpour of rain, often a flood. The Deluge refers to the flood narrative in the Biblical book of Genesis. Deluge may also refer to: History *Deluge (history), the Swedish and Russian invasion of the Polish-Lithuanian Com ...
,
qBittorrent qBittorrent is a cross-platform free and open-source BitTorrent client written in native C++. It relies on Boost, Qt 6 toolkit and the libtorrent-rasterbar library (for the torrent back-end), with an optional search engine written in Python. ...
, and
Tixati Tixati is a proprietary Linux and Windows BitTorrent client written in C++. It has standalone and portable versions with each new client version. Features In addition to standard BitTorrent client-sharing functions, Tixati provides integral ...
. Digital piracy as a continuing problem significantly impacts various stakeholders, including consumers, enterprises, and countries. This global problem can impact media- and content-oriented industries.


Scope

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. Both piracy and economic losses due to piracy are both trending upwards. Lost revenues due to digital piracy could reach $5 billion by the end of 2005. Understanding digital privacy can be supplemented by the exploration of the consequences of digital piracy, using a base model and several extensions (with consumer sampling, network effects, and indirect appropriation). According to the IP Commission Report the annual cost of intellectual property theft to the U.S. economy "continues to exceed $225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $600 billion." A 2019 study sponsored by the
U.S. Chamber of Commerce The United States Chamber of Commerce (USCC) is the largest lobbying group in the United States, representing over three million businesses and organizations. The group was founded in April 1912 out of local chambers of commerce at the urgin ...
Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year." An August 2021 report by the
Digital Citizens Alliance The Digital Citizens Alliance is a United States non-profit organization focused on Internet safety issues. It releases reports focused on malware, credit card theft, online drug sales to teens, piracy, and overall Internet consumer safety. In 201 ...
states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $1.34 billion in annual advertising revenues." The DCA claims that they consist of "risky advertising that exposes consumers to fraud and malware." 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. Piracy behavior demonstrated that economic theory explains a notable part of the individual variation in a survey study. Individuals with a low net valuation of an original when a copy is available are more prone to engage in piracy than individuals with a higher valuation. Individuals with a low cost of obtaining and handling copies are also more engaged in piracy. The country-wise variation can also be explained by economic variables; GNI/capita and judicial efficiency explain a substantial part of this variation. 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. Some jurisdictions, such as
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
and
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...
, have no legislation in place to address online piracy, and others, such as the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
and
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making ...
, have oversight regimes in place that have proven largely ineffective.


Benefits

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. It has been argued that online piracy may help in preventing businesses from investing in unnecessary marketing campaigns. In addition to helping screen businesses, research proposes that some organizations may be better off servicing only their most valued and legitimate customers, or those who buy legitimate copies of their products. Because pirated copies of software are expected to attract customers who are sensitive to price, it may not be to businesses’ best interest to engage in extraneous price wars with their competitors or invest heavily in anti-piracy campaigns to win target customers. 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.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
/ref> Piracy has also benefitted users in countries where content is either unavailable or delayed. In the case of ABC's ''
Lost Lost may refer to getting lost, or to: Geography * Lost, Aberdeenshire, a hamlet in Scotland *Lake Okeechobee Scenic Trail, or LOST, a hiking and cycling trail in Florida, US History *Abbreviation of lost work, any work which is known to have bee ...
'', 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.


Ethics

The laws on copyright 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 inventor of the work. Additionally, despite 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. A person's ethical and moral predispositions and the judgments that they use to make decisions may indicate consistency across various ethical dilemmas and also indicate their likelihood to pirate software. 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. Digital piracy has posed a significant threat to the development of the software industry and the growth of the digital media industry, it has, for the last decade, held considerable interest for researchers and practitioners. In the context of Indonesia, moral equity has affected digital piracy behavior negatively. Therefore, efforts to reduce piracy have been focused on highlighting the importance of fairness and justice. Studying the causes and effects of digital piracy is one way of evaluating the ethics of how our society consumes and spreads media to one another. Ample research in the study of digital piracy can help better understand the psychology and ethics of digital ethics. One of the research approaches that has provided a theoretical framework for studying software piracy has been to place the illegal copying of software within the domain of ethical decision making assumes that a user must be able to recognize software piracy as a moral issue. A person who cannot recognize a moral issue will fail to use moral decision-making schemata. There is evidence that many individuals do not perceive software piracy to be an ethical problem. Research findings suggested that personal morals decrease digital piracy mainly in the first phase, whereas neutralization is used by individuals to support their behavior throughout other phases. As more content is fractured into different services, consumers gravitate more towards piracy due to the inconvenience and prohibitive cost of managing multiple service subscriptions to different entities that provide their own content service such as
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a ...
,
Hulu Hulu () is an American subscription streaming service majority-owned by The Walt Disney Company, with Comcast's NBCUniversal holding a minority stake. It was launched on October 29, 2007 and it offers a library of films and television series ...
,
Amazon Prime Video Amazon Prime Video, also known simply as Prime Video, is an American subscription video on-demand over-the-top streaming and rental service of Amazon offered as a standalone service or as part of Amazon's Prime subscription. The service pr ...
,
HBO Max HBO Max is an American subscription video on-demand over-the-top streaming service owned by Warner Bros. Discovery. Launched in the United States on May 27, 2020, the service is built around the libraries of HBO, Warner Bros., Cartoon Ne ...
and
Disney+ Disney+ is an American subscription video on-demand over-the-top streaming service owned and operated by the Media and Entertainment Distribution division of The Walt Disney Company. The service primarily distributes films and television se ...
.


See also

*
Pirated movie release types Pirated movie release types are the different types of pirated movies and television series that end up on the Internet. They vary wildly in rarity and quality due to the different sources and methods used for acquiring the video content, in addi ...
*
Privacy in file sharing networks Peer-to-peer file sharing (P2P) systems like Gnutella, KaZaA, and eDonkey/eMule, have become extremely popular in recent years, with the estimated user population in the millions. An academic research paper analyzed Gnutella and eMule protocols ...
*
Trade group efforts against file sharing Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. T ...


References

{{Reflist


External links


The Multi-Billion-Dollar Piracy Industry with Tom Galvin of Digital Citizens Alliance
The Illusion of More Podcast Copyright infringement File sharing User-generated content