CYBR 4305 - Chapter 5
1980s piracy methods
warez doodz
late 1800s
The recognition of a need for consistent international protections for intellectual property came to the fore in the late copyright protections were only afforded in the nation where they were published "copyright" vs "right of the author." nations became concerned about the ways in which intellectual property would be handled and protected internationally led to an international agreement on copyright laws at the Berne Convention for the Protection of Literary and Artistic Works
Napster
the larger population of Internet users was able to engage in piracy through the development of the program 1999 freely available specialized software was developed by Shawn Fanning and others in order to provide an easy-to-use program to share MP3-encoded music files allowed users within the network to quickly identify media that they wanted and be directly connected to the appropriate computer to complete the download became an extremely popular file-sharing service in a short amount of time played a pivotal role in the growth of the piracy problem stymied by lawsuits brought against the corporation by the heavy metal band Metallica and A&M Records lawsuits forced it to become a paid service Several other P2P services quickly took its place, such as LimeWire and Kazaa,
there have been laws pertaining to copyright in existence in England since
the mid-1600s These laws were primarily designed to restrict the ability to reproduce materials at a time when printed type and the ability to read were still highly restricted to the wealthy classes.
intellectual property
When an original idea that involves some creative expression is put into a fixed medium, such as being written down on paper or drafted on canvas using paint, it may be defined as Ideas become "property" because they are physically tangible works that may be viewed by others work of art, novel, design, blueprint, invention, or song can be
digital piracy
a form of cybercrime encompassing the illegal copying of digital media such as computer software, digital sound recordings, and digital video recordings without the explicit permission of the copyright holder common form of cybercrime
copyright
automatically granted to an individual who creates a literary, musical, or artistic work of some type from the moment it is created in a fixed format like a recording or a typed and printed medium they must register their copyright with the government to ensure that they are given all necessary protection under the law. an individual can only pursue criminal or civil actions through the state if the content creator has acquired a registered this
Torrent clients
became extremely popular in the mid-2000s were thought to have accounted for over half of all pirated materials online appear to be the latest filesharing mechanism available to pirates
certain risks that arise as a consequence of engaging in piracy that cannot be ignored
clear legal risks The decision-making processes of pirates, however, do not appear to be impacted by the deterrent influence of legal sanctions most individuals are able to justify their piracy based on the notion that they do not otherwise shoplift or steal CDs, software, and games from bricksand- mortar stores.
piracy in the 90s
compact disc (CD) Vinyl records and cassette tapes were the standard media format of choice media companies could obtain a higher rate of return on investments for their intellectual property MPEG was actively working with ISO to develop a mechanism to compress large audio and media files into a smaller size MP3 format, MP3 players, first portable MP3 player was produced and marketed just three years later, in 1999.
piracy in the and 70s and 1980s
development of affordable audio and video recording equipment enabled individuals to easily record music or videos audiotape: mix tapes VHS/VCR: record content from their televisions and replay it at a time of their choosing "bootleg" tapes - obtain free copies of films
copyright laws
have evolved substantially over the past 30 years to ensure that individuals and corporations with legal rights to a piece of intellectual property are given their appropriate due. those who wish to circumvent legal protections continuously change their behaviors in order to reduce the likelihood of detection and risk of arrest.
U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE)
investigate and seize imported goods that infringe existing intellectual property rights. This includes digital transfers of pirated goods, as individuals who attempt to bring these materials from outside servers onto their home computer are technically importing pirated goods
Bit-Torrent
is a peer-to-peer (P2P) file sharing protocol designed to reduce the bandwidth required to transfer files
Indian copyright law
member of the Berne Convention not in the WIPO Copyright Treaty provides similar protective structures for copyright holders as the USA and the EU less restrictive for some forms of media and intellectual works
The Pirate Bay
one of the most popular resources in the torrent community which maintains indexed torrent files for music, software, video games, and newly released movies operates out of Sweden and has been in existence for years
benefits of piracy
person can obtain what they want with no cost and minimal risk of detection. immediate material benefits
persistent pirates
place significant value on high-speed Internet connectivity and the ability to host significant amounts of data due to the main goal of piracy - to rapidly disseminate electronic media in large quantities to people around the globe find it easier to access files when they can do so through high-speed connections appear to develop large collections of media or content in order to have complete discographies or works by an artist or television show
industry groups
play a more prominent role in the enforcement of intellectual property rights manage and promote the interests of major corporations and copyright holders within their country, as well as internationally
European Union Directive 91/250/EEC/2009/24/EC
provides legal protection for computer programs and harmonized copyright protection across the EU first implemented in 1991 and afforded copyright protection to computer programs in the same way as literary works, also gives the copyright owner the right to temporary or permanent copying of the program, any translations of the program, or the right to distribute it by any means The life of the copyright extends for the lifetime of the software creator plus 50 years, though it has been extended to 70 years through a subsequent Directive in 2009. the person purchasing software the right to back up the software for their personal use
recording industry
pursues civil suits against various individuals and businesses for their role in the facilitation of piracy began to sue individual pirates for their downloading behaviors, which often involved hundreds of thousands of dollars in fines against the pirates. largely abandoned in favor of tracking file-sharing programs to detect torrent seeders. they work with ISPs to send cease-and-desist letters in order to help slow down the volume also employed unique extra-legal attempts to affect piracy networks. - private companies have been hired to disrupt file-sharing processes by "poisoning" torrent files - attempting to share a corrupted version of a piece of music or media to deter users - attempt to share a file that tries to download content from non-existent peers or false sites More extreme measures have been employed by various companies in order to disrupt P2P sharing groups - DDoS attacks against websites - Operation Payback -
torrent
sharing software allows concurrent uploads and downloads of media through multiple sources users must download a torrent client, which connects them to the larger network of users torrent protocol links the downloader to an indexed list of all seeders and captures bits of the full file from multiple users at once the torrent protocol is a true P2P mechanism owing to the ability to access the required file directly from dozens of users at once.
Federal Bureau of Investigation (FBI)
tends to prosecute active investigations against piracy groups
One of the greatest challenges law enforcement agencies face in dealing with intellectual property laws
the fact that it is exceedingly difficult for intellectual property owners to identify when and how their materials are shared illegally Copyright holders must scour sites across the globe in order to locate distribution networks and participants.
Federation Against Copyright Theft (FACT)
the primary trade organization dedicated to the protection and management of intellectual property, notably those of film and television producers. UK 1983 actively engaged with law enforcement to combat piracy works regularly with the UK police to take down piracy websites and sue groups engaged in the distribution or facilitation of digital piracy work in conjunction with the Australian Federation Against Copyright Theft (AFACT),
The USA has had criminal penalties for the infringement of protected intellectual property, however, since
1909 the USA also removed the power to prosecute copyright infringement cases from state courts in 1976 with the introduction of the revised Copyright Act of 1976, the most stringent legal statutes in the US pertaining to copyright infringement are contained under Title 17 of the US Criminal Code - commonly used to prosecute software piracy due to the high costs associated with certain forms of commercial software
peer-to-peer (P2P) file-sharing protocols
1990s The techniques to share files, however, began to change with innovations in technology and creative computer engineering. risk associated with sharing cracked or pirated files through single servers or web-based repositories increased because a law enforcement agency could take out that one server and eliminate all access to the files enabled file sharing directly between users dramatically reduced the likelihood of detection.
WIPO Copyright Treaty (WCT)
1996 enforced 2002 provide further copyright protections to two types of works: (1) computer programs; and (2) databases, or compilations or data or other material, in which the selection or arrangement of the contents constitute intellectual creations granted three additional rights to authors: (1) distribution, (2) rental, and (3) communication to the public right of distribution includes the authorization to make available to the public the original and copies of the work through either sale or transfer of ownership. right of rental provides authorization for the owner to rent to the public the original and copies of computer programs, cinematographic work, and works embodied in phonograms. right of communication to the public includes the right to authorize any communication to the public, regardless of it being wired or not, to allow the public access to the work from any place at any time, such as on-demand and interactive services. the duration of these rights must be protected for at least 50 years for any work implemented in the USA via the passage of the Digital Millennium Copyright Act (DMCA) and in the European Union by Decision 2000/278/EC,
Digital Millennium Copyright Act (DMCA)
1998 This law was designed to directly affect media piracy online through further revisions to the Copyright Act. extended protection to various music and performances that have been recorded in some fashion The second section under this title added section 1201 to the Copyright Act - making it illegal to circumvent any protective technologies placed on copyrighted works section 1202 - illegal to tamper with copyright management software or protections
Berne Convention for the Protection of Literary and Artistic Works
Berne, Switzerland in 1886 original signees of the Berne Convention were the United Kingdom France, Belgium, Germany, Italy, Spain, Switzerland, Haiti, Liberia, and Tunisia set up bureaus to handle various administrative tasks and to develop protections and frameworks for intellectual property Two of these bureaus merged and became the United International Bureaux for the Protection of Intellectual Property, which later became the World Intellectual Property Organization primary focus was to protect authors' works and rights by ensuring that copyright laws of one nation were recognized and applied in other places accomplished this by focusing on three basic principles. The first principle is the principle of national treatment - works created in any of the signatory nations must be afforded the same protection as that of works originating in that nation. Second, the principle of automatic protection states that protection must not be conditioned upon compliance with any formality - works are automatically protected when they are "fixed," or recorded on a physical medium, and that authors must not be required to register their work Third, the principle of independence of protection holds that protection is independent of any existence of protection in the work's country of origin provided the minimum standard of protection that must exist to protect authors' works and rights In addition, the following rights were recognized as exclusive rights of authorization: (1) the right to translate; (2) the right to make adaptations and arrangements of the work; (3) the right to perform in public dramatic, dramatico-musical and musical works; (4) the right to recite literary work in public; (5) the right to communicate to the public the performance of such works; (6) the right to broadcast; and (7) the right to use the work as a basis for an audiovisual work, and the right to reproduce, distribute, perform in public, or communicate to the public that audiovisual work. provided for "moral rights," meaning that authors have the right to claim ownership of their work and object to any action that may be considered prejudicial to the author's reputation ( clarified the duration of the copyright protection - the general rule is that protections be granted until 50 years after the author's death. - exceptions copyrighted work cannot be protected longer internationally than it is in the country of origin, referred to as the "rule of the shorter term." was later revised in 1896 in Paris and in 1908 in Berlin All members of the World Trade Organization who are not party to the Berne Convention are still bound by the principles of the Berne Convention under the Agreement on Trade-Related Aspects of Intellectual Property Rights
Police Intellectual Property Crime Unit (PIPCU)
City of London Police has launched the investigate and handle various forms of piracy works as an independent group designed to handle serious forms of intellectual property crime, including counterfeit products and pirated materials online and offline. integrate with various international enforcement and industry agencies and become a hub for investigations to disrupt organized piracy and fraud, as well as develop strategies to deter and reduce piracy generally
there are now multiple piracy subculturesconsisting of:
(1) persistent downloaders who obtain large quantities of pirated materials, and (2) those who have the capacity to create, distribute, and share pirated materials.
Recording Industry Association of America (RIAA)
trade organization that supports the recording industry and those businesses that create, manufacture, or distribute legally sold and recorded music within the USA founded in 1952, helped define standards related to music production, and is a broker for the collective rights management of sound recordings (1) protect intellectual property rights and the First Amendment rights of artists (2) perform research about the music industry (3) monitor and review relevant laws, regulations, and policies represents over 1,600 recording companies and other industries,
World Intellectual Property Organization
was integrated as an organization within the United Nations has 189 nation members self-funding agency of the United Nations that provides a "global forum for intellectual property services, policy, information and cooperation mission is "to lead the development of a balanced and effective international intellectual property (IP) system that enables innovation and creativity for the benefit of all" (
European Union Directive 2001/29/EC
Copyright Directive establishes guidelines concerning the adequate legal protection of copyrighted materials through technological means defines rights to copyright holders, including the right to reproduce their materials, and to make them available to the public through publication and transmission of products over the Internet, including music, media, and software requires all Member States to provide legal protections against attempts to circumvent technologies that prevent copying of intellectual property and databases Member States must provide protection against products and services designed to circumvent protective measures on intellectual property for illegal purposes or limited commercial goals more stringent than the US DMCA
piracy in the 20th century
DVDs and BluRay media various "ripping" software programs that allow users to remove Digital Rights Management (DRM) protection
IRC
Internet Relay Chat allowed users to connect and communicate with others in literally thousands of chatrooms established and run by various individuals. was, and still is, a communications vehicle for technologically savvy users and was initially populated by those involved in the hacking and warez scenes. social nature coupled with its global reach led many to use it as a means to engage in direct file sharing, particularly for software and music individuals would enter a chatroom and specify what they were looking for, and a user with those materials would negotiate with that person in order to receive some files in return. fostered the formation of a piracy subculture individuals were judged on their ability to find and access programs or files and share them with others limited its use as a file-sharing service to more technically literate populations
No Electronic Theft (NET) Act of 1997
Media conglomerates began to pressure the US Congress in the 1990s to change existing copyright laws and increase protections for intellectual property increased the penalties for the duplication of copyrighted materials (Brenner, 2011). revised the language of the copyright act to recognize infringement when an individual receives or expects to receive a copyrighted work, including through electronic means, regardless of whether they receive commercial or private financial gain. the expected receipt of uploaded and/ or downloaded copyrighted materials online was made illegal, making it possible to pursue individuals who acquired pirated materials through file sharing rather than paying for these items introduced sanctions for the reproduction or distribution of one or more copies of "phonorecords," making it possible to legally pursue music piracy
The United States, however, did not enter into force in the Berne Convention until 1989.
The USA's primary concern with ratifying the treaty was its reluctance to change its copyright laws which require copyright works to be registered USA had instead ratified other Conventions throughout the twentieth century, citizens who create a work that they want to be protected in US courts have to obtain a copyright within the USA to ensure they receive equal protection under the law.
warez doodz
The individuals who posted and shared programs were commonly referred to as combination of the words "software" and "dudes." pirated files, were initially distributed through password-protected BBSs, and individuals could gain status by providing access to new or hard-to-find files
Online Copyright Infringement Liability Limitation Act,
Title II of the DMCA gives extended protections to ISPs against copyright infringement liability ISPs must block access to infringing materials or remove them from their systems once a complaint is received from a copyright holder or their agent enables copyright holders to subpoena ISPs for the IP addresses, names, and home addresses of customers who have engaged in the distribution of copyrighted materials enabled copyright holders to pursue civil or criminal suits against those sharing pirated materials with others, rather than the services making it possible to engage in file sharing overall
copyright, trademark, or patent
To protect an idea or work from being stolen, and to ensure that an individual receives appropriate credit for a creation, many people try to all forms of legal protection for intellectual property that provide exclusive use of an idea or design to a specific person or company, the right to control how it may be used, and legal entitlement to payment for its use for a limited period of time.
