Tackling Online Piracy - The Institute for European Studies-ag by yaofenjin


									Tackling Online Piracy without Harming Consumer Rights
                                                                IES - IBBT Workshop
  Strengthening the European Information Society - Consumers in Media Policy and Law
                                                                    23 October 2009
                                                                        Sakari Aalto

 Basic Message Today

  The most effective way to fight piracy is to make content available

  Customer is King

  Where regulatory actions are necessary they should concentrate
   on the customer’s rights and removing obstacles from offering
   content legally online


 Online Piracy as Phenomena

                                                                                 PWC Global Entertainment
                                                                                 and Media Report (2008), IFPI

        Collating separate studies in 16 countries over a three-year period, IFPI estimates more than 40 billion
         files were illegally file-shared in 2008, giving a piracy rate of around 95 per cent.

        Overall 16 per cent of internet users in Europe regularly swapped infringing music on file-sharing
         services in 2008 according to Jupiter Research.

        Analysis by the Institute for Policy Innovation concludes that global music piracy causes $12.5 billion
         of economic losses every year.


 Legal Actions to Fight Piracy - Examples
      1.      Pirate Bay
                  Stockholm District Court decision of 17 April 2009 against four individuals associated with a
                   file-sharing website and service called The Pirate Bay, directed at the file-sharing community
                  Contributory copyright infringement
      2.      Finreactor
                  Turku Court of Appeals decision of 19 June 2008 against 30 defendants associated with the
                   Finnish “Finreactor” BitTorrent-based P2P network
                  Contributory copyright infringement
      3.      Grokster
                  United States Supreme Court decision of 27 June 2005
                  P2P file sharing companies could be sued for inducing copyright infringement for acts taken
                   in the course of marketing file sharing software
      4.      Napster
                  The Ninth Circuit Court of Appeals decision of 12 February 2001
                  Repeated infringements of copyright law as millions of users uploaded and downloaded
                   copyright protected sound recordings


 Possibilities of Right Holders to Fight Piracy


 Results of Right Holders' Legal Actions

  Monetary claims against mostly private individuals or companies in not very solid
   financial standing
                 Badwill for the right holders

  File sharing services moving to new locations

  Image demonstrated by results of the PirateBay decision in Sweden:
                 Pirate Party (Piratpartiet) in Sweden (also in Finland)
                              Advocates for reform of copyright laws
                              High visibility, newfound popularity
                 Sweden: 75% of youths from 15 to 25 years old would not alter their file-sharing
                  habits even if their actions were found illegal (Dagens Nyheter, 23 February 2009)


 Legally Available Content

         What is slowing down the introduction of services offering
          authorised content?
              Unavailable or unclear licensing
              Overly burdensome administrative requirements
              The pricing expectations of supply and demand do not meet

         Examples of successful services offering legally available
          content :
              1. iTunes
              2. Spotify
              3. Ovi by Nokia


 Tackling Online Piracy

         Effective tackling online piracy requires balanced interplay of different elements
             Having content available legally
             Taking legal action against piracy
             Implementing technical measures to protect content
             Increasing awareness of general public
         None of these elements work alone and the set of elements used needs to be
          approved by the users (customers) and general public

 → Looking at where we are now in relation to each of the elements the most
   sustainable results would seem to be reached by promoting legally available
 → Penalizing the customer with more stringent technical measures and forced
   knowledge feeds seems hardly effective

         Thank You
                      Sakari Aalto
E-mail: sakari.aalto@roschier.com
         Tel. +358 (0)20 506 6271
    Mobile: +358 (0)40 558 2000

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