The Fight Against Internet Piracy
The
ongoing dispute over illegal Internet-based file sharing between the
entertainment and software industries and the vast, online pirating community
has been one of the most debated upon topics that has gripped public attention
for the past decade. What was once a single public website created by a college
dropout has become an empire of trafficking communities, used by hundreds of
millions of people, that robs billions in revenue each year. Although these
rogue websites claim to strictly serve only as hosts for illegal file sharing, the
United States government must take action to eliminate Internet piracy and
protect copyright by implementing digital encryption technologies and strict
laws that prohibit tampering these encryptions. The trafficking of copyrighted
goods must be put to an end because it promotes illegal transactions of an owner’s
intellectual property, causing sales in the entertainment and software
industries to plummet and thereby restricts the growth of the economy.
Internet
piracy is the unlawful reproduction and/or distribution of any copyrighted
digital file without the consent of the owner. It is driven by the consumers demand
for a desirable product that would otherwise be unobtainable, either because of
financial limitations or cultural factors, such as the Chinese culture’s
emphasis that the free sharing of knowledge creates and preserves both
civilization and traditional values across generations (Lu 310). Consequently, such
a mindset that has caused many people to believe piracy to be the solution to
their individual economic problems has resulted in the slow, yet unrelenting
destruction of the economy. Spearheaded by several websites hosting millions of
users every day, illegal file sharing services have robbed entertainment and
software companies of billions of dollars each year and have direct correlations
to the current economic depression.
The
era of internet piracy began in May of 1999 when a college student founded an
internet website called Napster that allowed users to upload and download music
for free through connected computer networks (Internet Piracy). In the first
four months of its initial release, Napster hosted roughly 1 million users
(Bach 4). After one year, however, the service became so popular that the
Napster community expanded to an unprecedented 20 million users. Though it was
eventually charged for copyright infringement and lost a series of legal
battles, Napster had already introduced the world to internet piracy. For the
first time ever, Napster, in just two years, caused the music industry,
specifically in compact disc sales, to steadily lose roughly $500 million in
revenue in each preceding year (Bach 5). The damage that these rogue websites
have done to the entertainment industry by promoting and hosting file sharing
services has been catastrophic. In the fifth annual global piracy study by the
Business Software Alliance, BSA discovered that in 2007, “Worldwide, for every
two dollars’ worth of software purchased legally, one dollars’ worth was
obtained illegally. (BSA)” Not only is internet piracy hurting the economy by
dramatically lowering sales in the worldwide market, it is also making it
increasingly difficult for artists, developers and their companies to produce
new content to stimulate economic growth because of the daunting fact that
their product will more likely be copied and redistributed rather than acquired
legally through purchase. In the United States music industry, for example, the
NPD group reported that only 37% of music acquired by consumers in 2009 was
paid for (RIAA). If there is no payout, producers have less incentive to quickly
develop new content. Likewise, without the revolving door of investment and
revenue, the ability to bring the next generation of talent, such as artists
and inventors, to the marketplace is diminished- as is the incentive for the
aspiring talent to pursue a full time career in his or her desired industry (Gee
20).
Furthermore,
a decreasing amount of new products entering the market, coupled with the
increasingly scarce number of new talents willing to enter the slumping
entertainment industry and the continuously growing pirating community will
only add fuel to the pre-existing fire that is the recession. Previously passed
bills Protect IP Act and the Digital Millennium Copyright Act have done little
in the war against Internet piracy as a majority of the pirating sites have
turned to Bit Torrent technology as the method of choice to avoid drawing blame
for directly handling intellectual property during illegal transactions. This
advanced protocol maximizes transfer speed by gathering pieces of the file you
want and downloading these pieces simultaneously from the computers of those
who have downloaded from the same source- referred to as “seeders (Carmack 1, 3).”
As of 2009, Bit Torrent file sharing has accounted for approximately 43% to 70%
of Internet trafficking, making it one of the biggest contributors to the
declining entertainment and software industry (Schulze). Although it would be
impossible to shut down every rogue website that provides file sharing
services, it is possible to prevent consumers from uploading purchased products
onto these sites by implementing digital encryption keys that are unique to
each product, in which content is distributed not as raw data, but rather
inside a secure container (Bach 7). Dubbed “Digital Rights Management (DRM),”
these technologies have already been implemented in America’s motion picture
industry and have greatly limited the number of pirated DVD’s. Moreover,
digital encryption keys may be able to help stimulate the economy. Consider the
notion that a good must be scarce, exclusive and rivalrous in order to draw
consumer demand. Now, take into account that illegally copying and
redistributing a good on the internet has zero marginal cost. The majority of
people would rather commit to the latter instead of paying for said good,
therefore eliminating rivalry, scarcity and exclusiveness in the market. If,
however, encryption keys were to be equipped to each product, DRM would
re-establish excludability and thus an artificial notion of rivalry and
scarcity because each product would require a unique key code acquired upon
purchasing the good (Bach 9). Companies would have more control over the
distribution of its property while consumers can still keep their legally
purchased product. What is more, the addition of laws prohibiting the tampering
of these keys as well as severe punishment and fines would act as a strong
deterrence to piracy. Unless the United States government adopts the ideas of
implementing digital encryption technologies and passing strict laws that
severely punish those who tamper with these electronic locks, the cycle of
economic depression and inflation of products in the market will continue
forever.
Some
may argue that these ideas to reinforce copyright will tip the balance of power
away from consumers to the producers and also infringe upon the rights of an
individual’s freedom of expression, the right to privacy, and the right to
communicate (Lu 299). Yet, implementing key codes and laws to protect them (key
codes) in no way limit a person’s right to speech, privacy, nor expression. For
instance, a boy named Bob purchases a digital version of the hit song “Gangnam
Style” and really enjoys the instrumental as well as lyrics. Though he cannot
upload his copy of “Gangnam Style” to the Internet and share it with others, he
may still express his feelings about the song and tell others why he likes it.
Bob is not restricted to enjoying the song by himself. In fact, he can post
links of his new favorite song to his Twitter, Facebook, or any website; he
just cannot distribute HIS copy in any way to anyone else. Though suggested
method of protecting copyright may seem like it infringes about human rights,
it does not. It merely serves, literally, as a protective cage surrounding your
digital content.
Internet
piracy is playing a large role in the economic recession. In order to stimulate
growth and promote more businesses and companies to enter the market, the
government must take action to implement digital encrypted technology to
protect copyrights as well as strict laws with severe punishments that prohibit
the tampering of these encryption keys.
Works Cited
Bach, David. "The
Double Punch Of Law And Technology: Fighting Music Piracy Or Remaking Copyright
In A Digital Age?." Business & Politics 6.2 (2004): 1-33. Political
Science Complete. Web. 18 Nov. 2012.
Business Software
Alliance. "Study Highlights." Fifth Annual Global Software Piracy
Study. May 2008. BSA. 17 November 2012. http://global.bsa.org/idcglobalstudy2007/studies/highlights_globalstudy07.pdf
Carmack, Carmen. "How BitTorrent Works" 26 March
2005. Web. 18 November 2012.
<http://computer.howstuffworks.com/bittorrent.htm>
Gee, Felix Oberholzer. "File-Sharing and Copyright." N.p., 12
Jan. 2010. Web. 17 Nov. 2012.
<http://musicbusinessresearch.files.wordpress.com/2010/06/paper-felix-oberholzer-gee.pdf>.
"Internet
Piracy." Congressional Digest 90.9 (2011): 257. Academic Search Complete.
Web. 12 Nov. 2012.
Lu, Jia, and Ian Weber.
"Internet Software Piracy In China: A User Analysis Of Resistance To
Global Software Copyright Enforcement." Journal Of International &
Intercultural Communication 2.4 (2009): 298-317. Communication & Mass Media
Complete. Web. 18 Nov. 2012.
RIAA. "Piracy
Online." Scope of the Problem. 2012.
Recording Industry Association of America. 17 November 2012. <
http://www.riaa.com/physicalpiracy.php?content_selector=piracy-online-scope-of-the-problem>
Schulze, Hendrik; Klaus
Mochalski (2009). "Internet Study 2008/2009". Leipzig, Germany:
ipoque. Retrieved 3 Oct 2011.
Guess I should stop pirating games lol... Great research paper. I hope the US adopts the Chinese belief of ""sharing is caring"" haha! See you winter break!
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