Blog 1 - Introduction

Introduction

On my blog this time, I will be discussing the raising issue of “Internet Freedom vs. Piracy and Law”. 

With internet becoming more and more convenient and advanced, many video streaming media and file hosting services appeared. However, in recent years, many countries have published laws in attempt to stop piracy and inappropriate media to be transferred through internet. Some argues against these laws as the decline of liberty, freedom and human rights.

Many of the laws published by the governments also came across issues of securing privacy as well. Therefore, in this blog, I will be exploring the issues behind the “anti-piracy laws”

Blog 2 - New Media Art & Copyright

New Media Art

Firstly, I will like to explain the concept of new media art. New media art is in general all forms of art and practices which uses digital technology as an essential part of creating or presentation media. New media art can include a very wide range of things, from books, drawings, music, stories, to games, movies, videos, animations.

Most new Media art can be understand as art which involves digital devices, which is in contrast of visual art, that has physical presentation such as painting, sculpture. Hence, most are able to be transferred and shared through computer and internet. These are often known as digital media, because the new media are is stored in a digital form. (Australia Government)

Copyright

Secondly, I will like to explain the concept of copyright. Copyright is a legal law concept which grants exclusive rights to the author and publishers for their work. Usually copyright also provides financial protection for the author and publishers, as well as the right to be credited. In general, copyright can be understood as the right to copy, and the right is usually granted by the author or the publishers.

Due to the international copyright agreement in the international treaties which grants protection of all creative work automatically, most of the creators of new media art are granted copyright rights for their work. (More Detail)

However, new media art is digital media, and can be easily copy and shared through the internet. As the result, the copyright for the new media art is unable to be easily enforced.

When someone uses unauthorized work under copyright, he convicts an action called copyright infringement, because he is infringing the exclusive rights of the copyright holder (US Copyright Office). This action is also known as piracy – the pirate of copyright.

Blog 3 - Laws

Laws

To ensure the copyright for digital media, many countries published anti-piracy laws. However, many anti-piracy laws have significant influence toward internet freedom and human rights.
Here are some examples of most debated anti-piracy laws in recent years.

New Zealand, France anti-piracy law

New Zealand’s anti-piracy law was published in 2011. The full name of the act is “Copyright infringing file sharing amendment act”. It is also known as the “three-strikes” law. The law grants the ability for the ISP (internet service providers) to monitor the usage of their clients. If the ISP finds their client convicting piracy, they will issue the first warning to the client. If the ISP finds the client convicting piracy again, they will issue the second warning. As for the third time the ISP catches the client convicting piracy again, the New Zealand’s copyright tribunal will be able to fine the client up to $15000. And if the client continues with his action of piracy, the client may have their internet disconnected by force for half a year.

In France a similar anti-piracy law applies, which is known as HADOPI law published in 2010. (New York Times)

Japan anti-piracy law

Japan’s anti-piracy law is scheduled to take effect on 1st October 2012. The law punishes people who download pirated contents up to 2 million yen of fine and 2 years in prison, as for those who upload pirated contents can be fine up to 10 million yen and 10 years in prison. (Japan Times) The japan anti-piracy law is considered as one of the harshest anti-piracy law in the world.

America anti-piracy law

In America there had been many attempts to pass internet anti-piracy law. However, due to the enormous amount of protests, the bills had been either postponed or withdrew. The most debated ones are the SOPA (Stop Online Piracy Act), PIPA (PROTECT IP Act) and CISPA (Cyber Intelligence Sharing and Protection Act), which were all introduced in 2012. SOPA and PIPA proposed to grant government the ability to shut down internet websites if the website is suspected to share pirated content. As for CISPA proposed to grant the government and companies’ ability to access private information if the person is suspected of piracy.

For more information on anti-piracy law worldwide click BBC News

Blog 4 - Internet Freedom

Internet Freedom

One of the biggest debates between anti-piracy laws and human right is the liberty and freedom of using internet. This includes the freedom of information and freedom of speech, and also privacy.

In January 2012, FBI and New Zealand government shut down one of the biggest online file sharing site – Megaupload, because of suspicion of hosting pirated contents on its servers.  This action had drawn the attention of many toward the upcoming SOPA bill in America. Due the enormous amount of protests, the bill was postponed. But because of the incident, it had caused many to rethink the influences the anti-piracy laws may have toward internet freedom and human rights. (The Washington Times)

Many argue against anti-piracy laws that people should have the freedom of speaking and sharing information on the internet. (More Detail) And that includes sharing links.

In the example of website like Megaupload, users can upload their own file onto the Megaupload and share to others to download it. Even though someone may upload pirated content onto Megaupload, but many uses Megaupload for legal purpose and sharing personal files.

Secondly, privacy is also an important issue. In order for ISP to accuse you for downloading pirated content, they must first gather data for your internet usage without your permission. Just as President Barack Obama stated while opposing toward CISPA, as the bill is against privacy, data confidentiality and civil liberties. (More Detail)

The most recent evidential news to back up this argument is the recent apologies made by New Zealand's Prime Minister John Key for illegally spied on the founder of Megaupload -  Kim Dotcom, which resulted in his arrest. (ONENEWS)

CISPA and Privacy - RussiaToday News

CISPA and Internet Freedom - RussiaToday News

Blog 5 - Conclusion

Conclusion

Even though protecting copyright is a correct concept, however, due to the nature of digital media, people yet to find a way to preserve both copyright and internet freedom.

From my point of view of “Internet Freedom vs. Piracy and Law”, my thought is that the law was created to serve a correct purpose. However, the execution of the law was poorly plan out. And some of the anti-piracy law might affect internet users. For example, the shut down of Megaupload had affected many paid members of the site who uses the site for legal sharing purposes. With the internet privacy and freedom gone, what is left with our democracy?

References

Anti-piracy download laws around the world explained. (2012, February 2). BBC News. Retrieved September 10, 2012, from http://www.bbc.co.uk/newsbeat/16839637

Bill Text - 112th Congress (2011-2012). (2011, January 20). Library of Congress. Retrieved September 10, 2012, from http://thomas.loc.gov/cgi-bin/query/D?c112:1:./temp/~c112ABSiAt::

Bill Text - 112th Congress (2011-2012). (2011, January 20). Library of Congress. Retrieved September 10, 2012, from http://thomas.loc.gov/cgi-bin/query/D?c112:1:./temp/~c112HHKFpF::

Bill Text - 112th Congress (2011-2012). (2011, January 20). Library of Congress. Retrieved September 10, 2012, from http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.3261:

Copyrights and Internet Piracy (SOPA and PIPA Legislation). (2012, February 8). The New York Times. Retrieved September 10, 2012, from http://topics.nytimes.com/top/reference/timestopics/subjects/c/copyrights/index.html

Copyright (Infringing File Sharing) Amendment Act 2011 No 11, Public Act. (2011, April 18). New Zealand Legislation. Retrieved September 10, 2012, from http://www.legislation.govt.nz/act/public/2011/0011/latest/DLM2764312.html

Copyright Law: Chapter 5. (2011, December). U.S. Copyright Office. Retrieved September 10, 2012, from http://www.copyright.gov/title17/92chap5.html

France Approves Wide Crackdown on Net Piracy. (2009, October 22). The New York Times. Retrieved September 10, 2012, from http://www.nytimes.com/2009/10/23/technology/23net.html

First piracy notices issued for music downloads. (2011, November 1). The New Zealand Herald. Retrieved September 10, 2012, from http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10763131

Government's case against file-sharing site overreaches, attorney says. (2012, January 24). CNN. Retrieved September 10, 2012, from http://edition.cnn.com/2012/01/20/business/megaupload-shutdown/index.html

ISP says new copyright law effectively useless. (2011, April 15). The National Business Review. Retrieved September 10, 2012, from http://www.nbr.co.nz/article/isp-says-new-copyright-law-effectively-useless-aw-90936

John Key apologises to Kim Dotcom. (2012, September 27). ONENEWS. Retrieved September 28, 2012, from http://tvnz.co.nz/politics-news/key-slams-unacceptable-dotcom-spying-5105817

Megaupload file-sharing site shut down. (2012, January 20). BBC News. Retrieved September 10, 2012, from http://www.bbc.com/news/technology-16642369

Music industry wins a battle as antidownloading bill gets some teeth. (2012, June 21). The Japan Times. Retrieved September 10, 2012, from http://www.japantimes.co.jp/text/fm20120621a3.html

New media art. (2008, October 14). Australia Government. Retrieved September 10, 2012, from http://australia.gov.au/about-australia/australian-story/new-media-art

Obama Opposes Parts of 2 Antipiracy Bills. (2012, January 14). The New York Times. Retrieved September 10, 2012, from http://www.nytimes.com/2012/01/15/us/white-house-says-it-opposes-parts-of-2-antipiracy-bills.html?ref=copyrights

Rep. Rogers, R-MI, 112 cosponsors (2012). TATEMENT OF ADMINISTRATION POLICY. EXECUTIVE OFFICE OF THE PRESIDENT. Retrieved from http://www.whitehouse.gov/sites/default/files/omb/legislative/sap/112/saphr3523r_20120425.pdf

Richard Stallman: CISPA nearly abolishes people's right not to be unreasonably searched (2012, April 27). [Video File]. Retrieved from http://www.youtube.com/watch?v=4EkURdh1TB8&feature=player_embedded

SOPA, PIPA, Megaupload.com, and the United States Government. (2012, February 3). The Washington Times. Retrieved September 10, 2012, from http://communities.washingtontimes.com/neighborhood/political-potpourri/2012/feb/3/sopa-pipa-megauploadcom-and-united-states-governme/

Tribe Legis Memo on SOPA 12-6-11 1. (2011, December 8). Scribd. Retrieved September 10, 2012, from http://www.scribd.com/doc/75153093/Tribe-Legis-Memo-on-SOPA-12-6-11-1

United States Copyright Office (2012). Copyright Basics. Copyright. Retrieved from http://www.copyright.gov/circs/circ01.pdf.

Worse than SOPA? CISPA to censor Web in name of cybersecurity (2012, April 4). [Video File]. Retrieved from http://www.youtube.com/watch?v=6rVV5tFCuqo

Five Links Summary

01. The Washington Times

In 2012, America government came up with two bills which intent to protect copyright on internet. One is called Sopa (Stop Online Piracy Act), the other is called Pipa (Protect IP Act).

Those bills act as more of a internet restriction and monitoring towards downloading from internet. The author argues with those two bills, the America is no different from countries like China and Syria. With the bills, it sacrifices the liberty of peoples rights of downloading and using the internet.

One of the major influence which these bills caused was the shut down of a famous and popular file sharing site called Megaupload.

The owner of Megaupload - Kim Dotcom, was arrested in New Zealand by FBI with accusations as holding the site for pirated content. However, Megaupload claimed to be a legal storage site for many users, even many famous people were the member of the site.

Because of the shutdown of Megaupload, it caused many to rethink about what major influences Sopa and Pipa might cause toward the internet society and rights right now.

02. New Zealand Herald

The New Zealand "anti-piracy" law, also known as the "three strikes law" came effect in 1st September 2011, and it was passed in April 2011.

The law work in the way of Recording Industry Association of New Zealand (RIANZ) sending out notices to internet providers in New Zealand about possible possibility of illegally downloading copyright content happening under the internet service provider. Afterwards, the internet service provider will send out warning to which they consider as having illegally downloading copyright content. If the user received three warnings, he can be fined up to $15,000.

03. The New York Times

In 2011, America Government came up with two anti-piracy bills, which are Sopa (Stop Online Piracy Act) and Pipa (Protect IP Act). The bills are supported by some of the biggest companies, such as music and movies publishers. However, some other big complies such as Twitter, Google, Youtube and Wikipedia opposed these bills.

The intention of Sopa and Pipa bills are achieving anti-piracy by stopping search engines, such as google and yahoo, as well as other websites to direct the internet users toward website contains pirated contents. Because of the bills, many protests were taken, which involves many websites. However, the bills still lead to the shut down of famous file sharing site - Megaupload.

04. The National Business Review

The article stated that Sony Pictures New Zealand general manager Andrew Cornwell stated he thinks the New Zealand's anti-piracy law offers more of an educative process, and with the harsh penalty to possibly stop people downloading pirated contents. The act is published to secure investments in intellectual property.

But on a side note, the wifi internet providers are not targeted as internet providers to carry out this act. However, normal internet service providers have to monitor their users internet usage to send out warning notices to those suspected for piracy.

New Zealand Internet Service Provider EOL on the other hand stated that they think the new copyright bill will be ineffective, because there are still many other methods for people to download pirated content without any detection.

05. CNN

Megaupload was shut down by America authorities, to many it is considered as an overreaction by the authorities. Before the shut down of Megaupload, it was the 72nd most viewed website according to traffic-tracking service Alexa.

Even though the America authorities insisted that Megaupload has obvious evidence on storing piracy contents. However, the founder of Megaupload - Kim Dotcom insisted the site was operated legally.

As the result of the action of shutting down Megaupload, many hackers around the globe responded with the action of taking down Justice Department, FBI websites, Motion Picture Association of America, the Recording Industry Association of America, New Zealand Police and many other sites. But the sites were back to normal on Friday.

The America Authorities action against Megaupload has raised attention to the controversial anti-piracy bills in the U.S, which are SOPA (Stop Online Piracy Act) and Pipa (Protect Intellectual Property Act) bills.