“Ziggo/Pirate Bay”

Author(s):  
Keyword(s):  
Author(s):  
Joost Poort ◽  
Jorna Leenheer ◽  
Jeroen van der Ham ◽  
Cosmin Dumitru
Keyword(s):  

2013 ◽  
pp. 1144-1161
Author(s):  
Johnny Nhan ◽  
Alesandra Garbagnati

Ongoing skirmishes between mainstream Hollywood entertainment conglomerates and Peer-to-Peer (P2P) file-sharing networks recently reached a crescendo when a Swedish court convicted members of the world’s largest BitTorrent, The Pirate Bay, and handed out the stiffest sentence to date.1 Four operators of The Pirate Bay received one year imprisonments and fines totaling $30 million, including confiscation of equipment. While this verdict sent shockwaves amongst P2P networks, piracy remains rampant, and this incident further exacerbated relations between file sharers and Hollywood. In retaliation, supporters of P2P file-sharing attacked websites of the law firms representing the Hollywood studios (Johnson, 2009). This victory by Hollywood studios may be a Pyrrhic defeat in the long run if the studios do not soften their antagonistic relations with the public. This chapter explores structural and cultural conflicts amongst security actors that make fighting piracy extremely difficult. In addition, it considers the role of law enforcement, government, industries, and the general public in creating long-term security models.


Author(s):  
Matthew David

This chapter summarises the cultural, legal, technical, and economic approaches to enforcing copyright. It suggests that rights holders need to rethink their business models in the digital age, such as by concentrating on live performances, rather than simply trying to shore up old business models by criminalising copyright infringement. The link between pervasiveness and persuasiveness is complex and sometimes contradictory. It is noted that online sharing is not identity theft.The Pirate Baychose to embrace the term pirate despite disputing almost everything else being claimed by the recording and film industry lobbies about online sharing. The asymmetrical architecture of the Internet makes circulation easier than regulation. The Internet makes every computer an infinite copying machine and one hard to disconnect from every other. The music industry has been hit first and hardest by online sharing, and reveals the clearest signs of successful adaptation.


Author(s):  
Eleonora Rosati

This chapter discusses one of the most relevant developments in respect of online intermediaries, that is their direct (primary)—rather than just secondary—liability in relation to user activities, including user-uploaded content. The Court of Justice of the European Union (CJEU) has expressly envisaged the possibility of direct liability for copyright infringement in the context of its increasingly expansive case law on the right of communication to the public within Article 3(1) of Directive 2001/29, including the 2017 decision in C-610/15 Stichting Brein (The Pirate Bay case). This chapter explains how the CJEU has come to consider the possibility of direct liability of intermediaries in relation to user activities and undertakes a reflection on the implications of said approach, also including the possibility of extending the reasoning in Stichting Brein to less egregious scenarios than the Pirate Bay.


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