CH8

 

Case Study

 

1.       Why did TPB believe it was not violating copyright laws? What did the Swedish court rule?
The Pirate Bay claims it is merely a search engine providing pointers to existing P2P networks that it does not itself control. It says that it cannot control what content users ultimately find on those P2P networks, and that it is no different from any other search engine such as Google or Bing, which are not held responsible for the content found on sites listed in search results. They further state they did not encourage, incite or enable illegal downloading and they were not violating Swedish copyright law.
However, the First Swedish Court
in Stockholm declared The Pirate Bay’s four founders guilty of violating Swedish copyright law, and sentenced each to one year in prison and payment of 3.5 million dollars in restitution to the plaintiffs, all Swedish divisions of the major record firms. The court found that the defendants had incited copyright infringement by providing a Web site with search functions, easy uploading and storage possibilities, and a tracker. The court also said that the found defendants had been aware of the fact that copyrighted material was shared with the help of their site and that the defendants were engaged in a commercial enterprise, the basis of which was encouraging visitors to violate the copyrights of owners. In fact, the primary purpose of The Pirate Bay was to violate copyrights in order to make money for the owners (commercial intent).

2.      How has TPB managed to continue operating despite being found in violation of copyright laws?
In 2011 the firm moved its servers into caves in Sweden, and dispersed multiple copies of its program to other countries just in case Swedish police tried to confiscate its servers again. Besides that, TPB is also frequently changing its IP address.

3.      How has the music industry reacted to the problems created by pirates like TPB?
The biggest music industries have taken legal action in many different court battles. The music industry has had to drastically change its business model and decisively move towards digital distribution platforms. For the first time in 2011 the music industry has made more money from purely digital formats than the sales of music in a physical format. To do this they employed a number of different business models and online delivery platforms, including Apple’s ITunes pay per download model, subscription models, streaming models and now music in the cloud

 

Projects

 

1.      Develop a list of privacy protection features that should be present if a Web site is serious about protecting privacy. Then, visit at least four well-known Web sites and examine their privacy policies. Write a report that rates each of the Web sites on the criteria you have developed.

 

There are privacy protection features as following: Develop a privacy policy. Once the company's policies and plans for collecting and using customer information are clarified, these policies should be communicated to customers and clients through a Privacy Policy. Your Company Privacy Policy needs to clearly state how your company can be contacted in regards to information and the types of third parties that will have access to such information. Also, be sure to follow all laws and legal requirements in this regard. Conduct due diligence when outsourcing. Examine the third-party service provider's experience with privacy and data security. Investigate any privacy complaints the service provider has faced and make sure you're complying with all U.S. and foreign laws when outsourcing. Give customer option. Clear and conspicuous notice must be given when non-personally identifiable information (or “click stream” data) is collected for profiling. Consumers can opt-out of data collection. Information share has to confirm with customers. Once informed about the network advertiser's information collection practices, consumers must be able to decide whether to participate in profiling.

Identity authentication. Reasonable access must be granted to personally identifiable information and other information that is associated with it to allow for inspection and correction.

 

2. Review the provisions of the Digital Millennium Copyright Act of 1998. Examine each of the major sections of the legislation and make a list of the protections afforded property owners and users of copyrighted material. Do you believe this legislation balances the interests of owners and users appropriately? Do you have suggestions for strengthening “fair use” provisions in this legislation? 

Although the DMCA has 6 sections, Title I and Title II are the two most relevant. Title I of the DMCA protects the rights of property owners by creating two new prohibitions: one on the circumvention often chonological measures used by copyright owners to protect their works, and the other on tampering with copyright management information. Section 1201 of Title I divides technological measures into two categories: measures that prevent unauthorized access to a copyright work and measures that prevent unauthorized copying of a copyrighted work. Circumventing measures put into place to prevent unauthorized access is prohibited. However, Section1201 includes a number of exceptions to this rule. For instance, non-profit library, archival, and educational institutions are not prohibited from circumventing solely for the purpose of making a good faith determination as to whether they wish to obtain authorized access to the work. There are also exceptions for reverse engineering for the purpose of identifying and analyzing elements of a computer program necessary to achieve interoperability with other programs, for encryption research, for protection of minors (allows a court applying the prohibition to a component or part to consider the necessity of its incorporation in technology that prevents access of minors to material on the Internet),for privacy protection (when the technological measure or the work it protects is capable of collection).