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and bootlegging was suggested by youtuber and podcaster brady haran in the podcast hello internet 17 18 haran advocated the term in an attempt to find a phrase more emotive than copyright infringement yet more appropriate than theft 18 19 motivation edit some of the motives for engaging in copyright infringement are the following 20 pricing unwillingness or inability to pay the price requested by the legitimate sellers testing and evaluation try before paying for what may be bad value unavailability no legitimate sellers providing the product in the language or country of the end user not yet launched there already withdrawn from sales never to be sold there geographical restrictions on online distribution and international shipping usefulness the legitimate product comes with various means drm region lock dvd region code blu ray region code of restricting legitimate use backups usage on devices of different vendors offline usage or comes with non skippable advertisements and anti piracy disclaimers which are removed in the unauthorized product making it more desirable for the end user shopping experience no legitimate sellers providing the product with the required quality through online distribution and through a shopping system with the required level of user friendliness anonymity downloading works does not require identification whereas downloads directly from the website of the copyright owner often require a valid email address and or other credentials freedom of information opposition to copyright law in general sometimes only partial compliance with license agreements is the cause for example in 2013 the us army settled a lawsuit with texas based company apptricity which makes software that allows the army to track their soldiers in real time in 2004 the us army paid the company a total of 4 5 million for a license of 500 users while allegedly installing the software for more than 9000 users the case was settled for us 50 million 21 22 major anti piracy organizations like the bsa conduct software licensing audits regularly to ensure full compliance 23 cara cusumano director of the tribeca film festival stated in april 2014 piracy is less about people not wanting to pay and more about just wanting the immediacy people saying i want to watch spiderman right now and downloading it the statement occurred during the third year that the festival used the internet to present its content while it was the first year that it featured a showcase of content producers who work exclusively online cusumano further explained that downloading behavior is not merely conducted by people who merely want to obtain content for free i think that if companies were willing to put that material out there moving forward consumers will follow it s just that consumers want to consume films online and they re ready to consume films that way and we re not necessarily offering them in that way so it s the distribution models that need to catch up people will pay for the content 4 in response to cusumano s perspective screen producers australia executive director matt deaner clarified the motivation of the film industry distributors are usually wanting to encourage cinema going as part of this process of monetizing through returns and restrict the immediate access to online so as to encourage the maximum number of people to go to the cinema deaner further explained the matter in terms of the australian film industry stating there are currently restrictions on quantities of tax support that a film can receive unless the film has a traditional cinema release 4 in a study published in the journal of behavioural and experimental economics and reported on in early may 2014 researchers from the university of portsmouth in the uk discussed findings from examining the illegal downloading behavior of 6 000 finnish people aged seven to 84 the list of reasons for downloading given by the study respondents included money saving the ability to access material not on general release or before it was released and assisting artists to avoid involvement with record companies and movie studios 24 in a public talk between bill gates warren buffett and brent schlender at the university of washington in 1998 bill gates commented on piracy as a means to an end whereby people who use microsoft software illegally will eventually pay for it out of familiarity as a country s economy develops and legitimate products become more affordable to businesses and consumers although about three million computers get sold every year in china people don t pay for the software someday they will though and as long as they re going to steal it we want them to steal ours they ll get sort of addicted and then we ll somehow figure out how to collect sometime in the next decade 25 developing world edit in media piracy in emerging economies the first independent comparative study of media piracy focused on brazil india russia south africa mexico turkey and bolivia high prices for media goods low incomes and cheap digital technologies are the chief factors that lead to the global spread of media piracy especially in emerging markets 26 according to the study even though digital piracy inflicts additional costs on the production side of media it also offers the main access to media goods in developing countries the strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcement s toward digital piracy 26 in china as of 2013 the issue of digital infringement has not merely been legal but social originating from the high demand for cheap and affordable goods as well as the governmental connections of the businesses which produce such goods 27 motivations due to censorship edit there have been instances where a country s government bans a movie resulting in the spread of copied videos and dvds romanian born documentary maker ilinca calugareanu wrote a new york times article telling the story of irina margareta nistor a narrator for state tv under nicolae ceauşescu s regime a visitor from the west gave her bootlegged copies of american movies which she dubbed for secret viewings through romania according to the article she dubbed more than 3 000 movies and became the country s second most famous voice after ceauşescu even though no one knew her name until many years later 28 existing and proposed laws edit main articles history of copyright law digital millennium copyright act protect ip act stop online piracy act and software copyright demonstration in sweden in support of file sharing 2006 the pirate bay logo a retaliation to the stereotypical image of piracy most countries extend copyright protections to authors of works in countries with copyright legislation enforcement of copyright is generally the responsibility of the copyright holder 29 however in several jurisdictions there are also criminal penalties for copyright infringement 30 according to the u s chamber of commerce s 2021 ip index the nations with the lowest scores for copyright protection were vietnam pakistan egypt nigeria brunei algeria venezuela and argentina 31 32 civil law edit copyright infringement in civil law is any violation of the exclusive rights of the owner in u s law those rights include reproduction the preparation of derivative works distributing copies by sale or rental and public performance or display 33 in the u s copyright infringement is sometimes confronted via lawsuits in civil court against alleged infringers directly or against providers of services and software that support unauthorized copying for example major motion picture corporation mgm studios filed suit against p2p file sharing services grokster and streamcast for their contributory role in copyright infringement 34 in 2005 the supreme court ruled in favor of mgm holding that such services could be held liable for copyright infringement since they functioned and indeed willfully marketed themselves as venues for acquiring copyrighted movies the mgm v grokster case did not overturn the earlier sony v universal city studios decision but rather clouded the legal waters future designers of software capable of being used for copyright infringement were warned 35 in the united states copyright term has been extended many times over 36 from the original term of 14 years with a single renewal allowance of 14 years to the current term of the life of the author plus 70 years if the work was produced under corporate authorship it may last 120 years after creation or 95 years after publication whichever is sooner article 50 of the agreement on trade related aspects of intellectual property rights trips requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products and award damages 11 some jurisdictions only allow actual provable damages and some like the u s allow for large statutory damage awards intended to deter would be infringers and allow for compensation in situations where actual damages are difficult to prove in some jurisdictions copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work when this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers critics commonly refer to the party as a copyright troll such practices have had mixed results in the u s 37 criminal law edit main article criminal copyright law in the united states punishment of copyright infringement varies case by case across countries convictions may include jail time and or severe fines for each instance of copyright infringement in the united states willful copyright infringement carries a maximum fine of 150 000 per instance 38 article 61 of the agreement on trade related aspects of intellectual property rights trips requires that signatory countries establish criminal procedures and penalties in cases of willful trademark counterfeiting or copyright piracy on a commercial scale 11 copyright holders have demanded that states provide criminal sanctions for all types of copyright infringement 29 the first criminal provision in u s copyright law was added in 1897 which established a misdemeanor penalty for unlawful performances and representations of copyrighted dramatic and musical compositions if the violation had been willful and for profit 39 criminal copyright infringement requires that the infringer acted for the purpose of commercial advantage or private financial gain 17 u s c 506 to establish criminal liability the prosecutor must first show the basic elements of copyright infringement ownership of a valid copyright and the violation of one or more of the copyright holder s exclusive rights the government must then establish that defendant willfully infringed or in other words possessed the necessary mens rea misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works the acta trade agreement signed in may 2011 by the united states japan and the eu requires that its parties add criminal penalties including incarceration and fines for copyright and trademark infringement and obligated the parties to actively police for infringement 29 40 41 united states v lamacchia 871 f supp 535 1994 was a case decided by the united states district court for the district of massachusetts which ruled that under the copyright and cybercrime laws effective at the time committing copyright infringement for non commercial motives could not be prosecuted under criminal copyright law the ruling gave rise to what became known as the lamacchia loophole wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards so long as there was no profit motive involved 42 the united states no electronic theft act net act a federal law passed in 1997 in response to lamacchia provides for criminal prosecution of individuals who engage in copyright infringement under certain circumstances even when there is no monetary profit or commercial benefit from the infringement maximum penalties can be five years in prison and up to 250 000 in fines the net act also raised statutory damages by 50 the court s ruling explicitly drew attention to the shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the copyright act proposed laws such as the stop online piracy act broaden the definition of willful infringement and introduce felony charges for unauthorized media streaming these bills are aimed towards defeating websites that carry or contain links to infringing content but have raised concerns about domestic abuse and internet censorship noncommercial file sharing edit legality of downloading edit to an extent copyright law in some countries permits downloading copyright protected content for personal noncommercial use examples include canada 43 and european union eu member states like poland 44 the personal copying exemption in the copyright law of eu member states stems from the information society directive of 2001 which is generally devised to allow eu members to enact laws sanctioning making copies without authorization as long as they are for personal noncommercial use the directive was not intended to legitimize file sharing but rather the common practice of space shifting copyright protected content from a legally purchased cd for example to certain kinds of devices and media provided rights holders are compensated and no copy protection measures are circumvented rights holder compensation takes various forms depending on the country but is generally either a levy on recording devices and media or a tax on the content itself in some countries such as canada the applicability of such laws to copying onto general purpose storage devices like computer hard drives portable media players and phones for which no levies are collected has been the subject of debate and further efforts to reform copyright law in some countries the personal copying exemption explicitly requires that the content being copied be obtained legitimately i e from authorized sources not file sharing networks in april 2014 the court of justice of the european union ruled that national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated 45 legality of uploading edit although downloading or other private copying is sometimes permitted public distribution by uploading or otherwise offering to share copyright protected content remains illegal in most if not all countries for example in canada even though it was once legal to download any copyrighted file as long as it was fo...
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