Combatting peer-to-peer file sharing of copyrighted material via anti-piracy laws: Issues,trends, and solutions

This article analyses potential end-user copyright violations associated with peer-to-peer (P2P) file sharing and the anti-piracy efforts currently underway in order to tackle them. This article discusses international developments in terms of trends, issues and solutions aimed at addressing peer-to-peer file sharing of copyrighted material. First, the article introduces P2P file sharing, its increasing significance in the growing digital media economy, and the legal issues surrounding this topic. Next, the article provides a comparative analysis of global efforts and trends in preventing digital piracy by analyzing relevant legislation, case law and practices in multiple jurisdictions, including the United States, United Kingdom, France, Sweden, and Japan. In addition, the article reviews Hong Kong's current case law and proposed legal reforms including an analysis of their deficiencies with respect to addressing P2P copyright infringement. The article concludes with an analysis of existing trends in preventive measures against copyright infringement through P2P file sharing and suggests directions on future legal and non-legal measures that Hong Kong as well as the international community can take in combating digital piracy and copyright infringement through peer-to-peer file sharing.     

Contemporary piracy research in criminology: a review essay with directions for future research

The realm of the ocean is scarcely studied by criminologist despite it being a component of the space of society. With the growth of maritime piracy in the past decade, this void has become increasingly palpable. The aim of this article is to catalyze more research in the field by providing an introduction and overview of the topic. The article starts by clarifying what piracy is, reviewing and evaluating some of its definitions and typologies. Furthermore, using the new Contemporary Maritime Piracy Database, the article charts the location of contemporary piracy. The article outlines factors that have been suggested as precursors of piracy before suggesting some key areas for future research.     

打击索马里海盗中的国际合作问题研究

近年来索马里海域海盗活动猖獗,危及国际海运安全和全人类的共同利益,已成为国际社会高度关注的,影响和破坏国际海运安全的问题之一,构成了严重危害和平与安全的国际罪行。联合国通过决议授权后各国纷纷赴索马里海域打击海盗。从国际法学角度通过对打击海盗行为的依据、目的、各国的普遍管辖权、免责以及国家主权原则的例外等国际法律问题的分析,可以厘定打击海盗行为的性质、方式和合法性。     

索马里海盗引发的若干国际法问题

肆虐的索马里海盗和武装劫船行为已经对当代国际法多个分支产生了挑战和冲击，带来了若干亟需解决的法律问题。国际社会必须在预防、制止和惩治方面完善对付海盗和武装劫船行为的国际法体系，包括推动武装劫船行为概念的普遍化、更多依赖1988年《制止危及海上航行安全非法行为公约》及其2005年议定书、澄清适用于武力打击海盗和武装劫船行为的国际人权和人道法的类型和内容、以及探索对海盗行为进行公正有效制裁的刑事审判模式。     

Meeting of Commonwealth Law Ministers and Senior Officials

The paper broadly captures the legal framework for the prosecution of piracy cases in Kenya, given the experience that Kenya has gained from piracy prosecutions since 2006. It also underscores the need for regional, coastal and flag states to co-operate in the repression of piracy off the coast of Somalia in line with the UN Security Council resolutions on the subject. The challenges that Kenya has encountered in piracy prosecutions are also highlighted, and suggestions on how best states can co-operate in this regard are made. International co-operation is identified as a key component to the success in combatting piracy.     

论海盗罪普遍管辖权机制的局限性与变革

对国际社会来说,海盗仍然是一种严重威胁,尤其是在索马里地区,海盗异常猖獗。由于海盗对国际贸易和世界安全的破坏,对海盗罪的普遍管辖权已得到各国的普遍承认,但现行国际法关于海盗罪的规定却存在许多＂空白＂,普遍管辖权不能涵盖所有的海盗行为,因此,国际法应该进行相应的变革以应对海盗的威胁。这些变革应包括对海盗罪重新定义,建立危险海域的护航机制,推动区域性打击海盗机制的建立及由安理会提供必要的授权。     

Ex-Pirates in Somalia: Processes of Engagement,Disengagement, and Reintegration

This study addresses how and why individuals in Somalia get involved in piracy activities, and how and why some of these individuals eventually disengage from such criminal groups. Based on qualitative interviews with 16 ex-pirates and pirate associates and a number of other locals and experts, the study provides first-hand insights into some of the conditions, circumstances, and processes which may serve to discourage involvement and continued engagement in piracy. Furthermore, it analyses factors and circumstances which may encourage and facilitate disengagement from these criminal activities and reintegration into non-criminal economic activities and social relationships. The lack of employment and livelihood motivated individuals to engage in piracy. However, disappointment about the lack of expected profit, coupled with the prospect of a licit income, influenced some to end their piracy involvement. Another important factor was the strong statements by local Muslim leaders that piracy was haram (forbidden). This was often reinforced by family and community objections to their involvement in piracy. Family members also played important roles in facilitating their disengagement. The ‘Alternative Livelihood to Piracy’ project played a positive role in facilitating disengagement from piracy, working closely with local religious leaders and the communities.     

Intellectual Property Theft and Organized Crime: The Case of Film Piracy

This article seeks to understand the processes by which the crime of intellectual property theft is organized, with specific attention given to film piracy. It seeks to identify the structure and function of the criminal enterprises engaged in this crime and assess the degree to which organized crime is involved with film piracy. An analysis of available sources reveals that general conclusions about the relationship of organized crime to film piracy results from a lack of useable and verifiable information in media, government, and industry sources. In the absence of independent, substantive analysis, anecdote and industry interests currently drive public policies and legal developments created to address the role of organized crime in film piracy. In the United States and across the globe, seizures, criminal indictments, civil actions, and public awareness are up considerably. Whether or not these advances can be maintained in the face of technological advances, the evolution of industry economic structures, and consumer indifference to the stigma of intellectual property theft and concern at industry response to such theft remains to be seen. Specific recommendations for future research are offered. The author would like to thank the International Center of the National Institute of Justice for soliciting funding this research through a grant, Intellectual Property and Organized Crime. He also Thanks Jay S. Albanese and his the anonymous reviewers of this work for their helpful comments and criticisms. This article only reflects the findings of the author, not the National Institute of Justice, Dr. Albanese or the reviewers.     

Combating counterfeiting and piracy: the Commonwealth initiative

This article notes the various components of intellectual property (IP) and the traditional forms of protection for IP owners. It also explains trends in the infringement of IPR, particularly in the nature of counterfeiting and piracy, the raison d’etre and the resulting impact in Commonwealth Countries.

The article also comments on the legislative developments in Commonwealth countries designed to provide a stronger deterrence and the multi‐sector approach adopted in the implementation of the legislation. Finally, it brings attention to the collective concerns of Member Countries and the recent steps taken to develop and adopt a framework of cooperation in order to combat the menace of counterfeiting and piracy.     

THE CHALLENGES FOR THE ENFORCEMENT AGAINST COPYRIGHT VIOLATIONS IN CHINA UNDER THE TRIPS AGREEMENT

While piracy is a serious problem in China, it is also a global concern. Within the domestic and the TRIPS context, this article discusses various forms of copyright violations in China, their impact on the enforcement of the Chinese Copyright Law, and their causes. In particular, this article discusses the unique aspects in China which make the enforcement of Copyright Law extremely difficult; it also analyzes how the Criminal Law should be used in the combat against piracy, and how China interprets the TRIPS Agreement as it is applicable to China. In addition, this article explores several means that are likely to become the future solutions of the problem of copyright violations in China.     

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.     

Mixed Messages: Parental Responsibilities, Public Opinion and the Reforms of Family Law

This article explores some issues arising when updating familylaw to keep pace with changes in family practices and values,in particular with changing patterns of parenting. It considersthe extension of parental rights and responsibilities beyondthe conventional boundaries of family law – to unmarriedfathers, step-parents and grandparents – with referenceto four different roles of family law. These roles are: protectingchildren, resolving disputes, regulating family life and promotingfamily norms. The article takes as an example of legal reformthe recently enacted Family Law (Scotland) Act 2006, which extendsparental rights and responsibilities to unmarried fathers whojointly register the child’s birth; but not to step-parentsor grandparents. The mixed messages that this reform conveysare considered in relation to the latest evidence of publicopinion in Scotland about parental obligations and the extentto which they align with public opinion on these issues.     

Search orders and computers

Legal and practical context: On the execution of a Search Order, the Supervising Solicitorensures that fair play is observed by the claimant's searchparty in circumstances which are always stressful and oftenemotional. With the rise of computer imaging orders, the lengthof time taken at the defendant's premises has increased andit frequently falls to the supervising solicitor to undertakeany post-execution search and review of the computer evidence.It all adds to the expense. This article offers suggestionsto ensure that the parties' positions are safe-guarded but theimpact of computer evidence is properly managed. Key points: The article sets out the history of the role of the supervisingsolicitor in the execution of a Search Order and how that rolehas evolved. The article then looks at the increased importanceof securing evidence held on computers during the Search Orderand the resultant impact. Suggestions are made as to the futuredrafting and conduct of Search Orders to ensure that the evidenceand the interests of the parties are safe-guarded but with aneye to controlling costs. The claimant's solicitors do not havethe luxury of time to debate these issues when preparing forits application. It is hoped this article provides the key points. Conclusions: The article brings to light many issues which ought to be consideredprior to the making of a Search Order. The suggestions offeredrely on the court taking a pro-active role and the claimantconducting proper due diligence.     

Film Review

Piracy is far from a new phenomenon (with records of piracy dating back to the 1600s), yet over the course of the past decade, it has become a focus of the international political community. Drawing from Foucault and Gramsci, we suggest that the ‘problem’ of piracy today, in particular off the coast of Somalia, is framed in a discourse to reify and support a broader ‘regime of truth’ embedded in global state-corporate economic interests. We further suggest that equating the Somalia piracy to terrorism and as a global threat to peace and maritime security serves as the political discourse designed to legitimate militarized policy responses rather than addressing the underlying conditions in Somalia that are facilitating the instances of piracy. While piracy was once a state-organized crime committed for the purposes of capital accumulation, the current framing and overly militarized responses are based on protecting states’ capital interests rather than addressing the root of the problem at hand, inadvertently providing a venue under which the conditions and ongoing deterioration of the Somalia state not only continue but remain marginalized and unaddressed.     

Software Piracy and Global Competitiveness: Report on Global Software Piracy

This paper is a comprehensive examination of the impact of software piracy worldwide. Software piracy is defined by the American Software Publishers Association as the unauthorized duplication of computer software. Completed in April 1997, this survey examines business application software piracy in 1996. Three main messages emerge using data collected from a variety of sources and analyzed using strict research methodolog. Firstly, business application software piracy cost the industry $11.3 billion in 1996. Secondly, continued growth of the worldwide software industry is being retarded by piracy. Thirdly, governments worldwide must do more to combat piracy . 1997 piracy data have become available since this paper was submitted. 1998 data are expected in May 1999.     

海盗行为和海上恐怖主义行为的比较研究

海盗行为和海上恐怖主义行为受国际政治经济因素的影响,近年来在国际上呈现愈演愈烈之势。本文通过对国际条约中有关两者的定义和主要管辖机制的对比分析,试图找出两者的共同之处,以期对打击两种犯罪提出建议。     

海盗的历史、现状与《海上刑事法案准则》（草案）

分析海盗的法律概念、由来及特点,介绍全球联手打击海盗的措施与效果,详细介绍国际海事组织（IMO）针对海盗和海上犯罪行为专门制定的《海上刑事法案准则》（草案）。     

Parental Indifference and Children’s Digital Piracy in South Korea: Mediation Effects of Low Self-Control and Misconception

Digital piracy is a global concern for society. Although adolescents’ digital piracy in South Korea is pervasive, its cause has rarely been examined. Using data collected by the Korean Institute of Criminology (KIC) in 2009, this study conducted structural equation modeling to determine if low self-control and social learning theory accounted for digital piracy. This study found that parental indifference increased adolescents’ digital piracy through low self-control and misconception about digital piracy. However, there were no direct effects of parental indifference on the digital piracy behaviors. In particular, the mediation effect in the model combining low self-control and misconception was greater compared to other models. Overall, the combination of low self-control and social learning theory provided a more meaningful framework to explain adolescents’ digital piracy. Results of this study can offer ways to aid in the examination and remediation of this particular form of deviant behaviors on the Internet by adolescents.     

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.     

Harvest of arrests but no prosecution: ideation toward strengthening the legal regime for prosecuting pirates in Nigeria

Prosecuting pirates in local courts is one of the most effective ways to suppress piracy. Hence, appropriate legal regime is imperative for prosecuting pirates. Despite the spate of piracy off the Nigerian coast and its attendant consequences, there has been no prosecution of pirates in the country. This paper examined the nature of piracy in Nigeria, the legal basis for prosecuting pirates, challenges in piracy prosecution and measures to enhance the prosecution of pirates in the country. The paper argued that prosecuting pirates is pivotal in curbing piracy and to effectively prosecute pirates, Nigeria should enforce its domestic law criminalising piracy.