Tackling Somali piracy

The last couple of years has seen a revival of maritime piracy. It spread from the coast of Somalia to nearby waters and further. Somali pirates captured dozens of ships and their crew and demanded large sums of ransom. This in turn has triggered the international community to send an international fleet of marine flotillas to protect the international shipping trade. Furthermore, international shipping companies took target hardening measures through barricading ships and giving the crew access to weapons. Still, piracy attacks are escalating even as we speak. Since stepping up repressive measures does not seem to have solved the problem, the question arises of what other options are available to prevent piracy. Situational crime prevention might not seem the most obvious tool in this case, but it is worth considering. By using the vocabulary of situational crime prevention, a neutral analysis of the situation can be applied and may help to identify possible ways to counter piracy. E.g., we are not interested in the motives of the pirates, but ways to make it unattractive for them to attack passing ships. When we consider that the Somali government is absent because of internal chaos, it becomes obvious that other forms of guardianship must be introduced.     

英国法下海盗行为及海盗赎金的评析与最新发展

在向海盗支付大笔赎金后,被海盗劫持的船舶、货物和船员通常会得到释放。支付赎金似乎成为当前解决海盗劫持最不得已却最有效的手段。因此,有关海盗赎金的法律性质也就日渐成为国际社会,特别是船东、货主和保险人关注的焦点。作为一个航运法律强国,英国显然在认定海盗行为和海盗赎金的法律性质上走在了海运国家的前列。因此,了解英国保险法下对海盗行为及海盗赎金的认定对于中国航运法律与实务大有裨益。根据英国上诉法院在2011年初对the“Masefield v．Amlin”案的二审判决,对包括海盗赎金的合法性和公共政策,在海盗劫持下的财产是否构成全损,以及是否可以将海盗赎金认定为共同海损抑或是施救费用等问题加以分析和阐述。     

Determinants of software piracy: economics,institutions, and technology

This paper determines the various influences on software piracy using a large sample of countries. In particular, our cross-sectional study estimates the effects of economic, institutional and technical factors on the piracy of software. A more comprehensive look at potential determinants of software piracy, including economic and non-economic factors, may be considered as the main contribution to a literature that is still in its infancy. Results show that a country’s stage of development and the quality of governance have the largest impact on the incidence of software piracy. Greater economic and political freedoms are shown to have opposite effects on piracy. Further, greater diffusion of the Internet and of computer technologies, other things equal, actually promote the legal use of software. Higher access prices also reduce piracy, with the impact of telephone charges being more pronounced than that of Internet access fees. There are significant variations in the impacts of different types of legal institutions and of fractionalization on piracy. The influence of digital divide between rural and urban areas does not significantly affect the piracy of software. Overall, economic, institutional, and technological factors exert important influences on software piracy, albeit with some qualitative and quantitative differences. Policy implications are discussed.     

All talk and no bite: Copyright infringement and piracy trends in India

The Copyright Act 1957 presents the face of modern copyright protection afforded to different intellectual works and is a key statement of intellectual property rights (IPR) in the Indian legislation governing this domain, as well as being compliant to the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights. This Act has been acceptably referred to on many occasions on global platforms, on account of its being one of the most elaborate and well-structured pieces of legislation in the field of intellectual property law. However, this well encompassing, highly creditable and widely acknowledged legislation seems to fall down in its practical implementation rendering its theoretical purpose partly futile. The situation so stands, that India continues to project major piracy rates with little regression in the trend despite the fact that this law is still very much in force. The reasons which deny effective copyright protection in India, for works of miscellaneous categories, have much to do with the lack of an equally strong enforcement mechanism. This paper provides an insight into the inadequacies of the Indian legal and administrative systems which have ultimately diminished the effectiveness of the copyright regime contrary to that envisioned by the law.     

海商法视角内的海盗强索赎金问题

海盗劫持船舶已成为威胁国际航运安全的重要因素,大多数海盗劫持船舶事件最终都以向海盗缴纳赎金的方式解决。虽然海盗行为属于国际刑法的研究范畴,但海盗索取赎金的后果关乎船货双方的风险和损失分担问题,因此,有必要在海商法的视角内对此加以研究。根据海盗索取赎金时所指向的对象,赎金分为船货赎金、船员赎金和乘客赎金三类,应通过赎金的性质确定风险的最终承担者。     

Moving beyond the law: foreign pressure and the politics of piracy in China

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review ofideas, articles, books, films and other media. It will includereplies (and rejoinders) to articles, the evaluation of newideas or proposals, and reviews of books and articles both directlyand indirectly related to intellectual property law.

The Politics of Piracy – Intellectual Property in ContemporaryChina By Andrew C. Mertha, 2005, Cornell University Press Price:US$32.50, Hardback, ISBN: 0801443644. pp. 258   Criticism and proposed solutions surrounding China's ‘intellectualproperty problem’ in many cases have been     

Criminological theory in the digital age: The case of social learning theory and digital piracy

To date, few studies had attempted to extend existing theories of crime to technology driven crimes, such as digital piracy. To address this gap in the literature, this study explored the ability of Akers’ social learning theory in explaining the likelihood of engaging in digital piracy. Also explored was the extent to which the social learning process mediated the impact of several noteworthy correlates of digital piracy among college students attending different universities (n = 585), relying on a structural equation modeling (SEM) framework. The findings were modestly supportive of social learning theory as it may apply to digital piracy. The findings are discussed in the context of extending existing theories of crime to account for contemporary technology driven crimes, such as digital piracy. Policy implications and direction for future research are discussed.     

Commission's Action Plan to combat counterfeiting and piracy: right-holders, help yourself, and the Commission will help you!

The European Commission's Directorate General Taxation and CustomsUnion (DG TAXUD), in charge of the monitoring of border measuresunder Regulation 1383/2003, invited right-holders and otherinterested parties to an informal meeting in Brussels on 24February 2006.