Dealing with Piracy in the United Arab Emirates - Research Paper Example

Note: Please I can do any changes with just a simple message. Please send a message if you need anything. Thanks Dealing with Piracy in the United Arab Emirates Table of Contents References 16 1. Introduction 1.1 Background of the Study Although UAE government have been strict about enforcing piracy and patent laws and committed to protect creativity, piracy still exists. According to Al Abed et al, (), UAE’s piracy level is still at 34% and these include street selling pirated software CDs and DVDs despite stringent legislations, enforcement, public awareness, and intensive raids (p.258). The value and the ability of intellectual property rights to stand or fall depend on the effectiveness of the enforcement (Colston & Galloway, 2010, p.773) thus there is a need for police authorities to improve their piracy approach and take active steps to combat piracy. For instance, the 2005 report on the level of piracy of music, video and DVD, and software in OECD or Organization for Economic Cooperation and Development member countries suggest that 37% of CDs sold in these countries are pirated and with a value of around $US 4.5 billion. Similarly, 20 billion songs were illegally acquired through the Internet and in May 2008, the estimated value of pirated software sold is about $US 28 billion (Colston & Galloway. 2010, p.778). In UK, along with music and video, piracy of printed books, e-books, and journals are also common including illegal copying and authorized translations. This is despite UK government’s serious effort on combating piracy (Jones & Benson, 2011, p.260). 1.2 Problem Statement Piracy is a major problem not only in UAE but other parts of the world but the level of piracy in UAE deserves immediate police attention particularly in improving their piracy approach and in taking an active role in reducing pirated products. 1.3 Research Questions a. What are the existing processes for the police in dealing with piracy in UAE? b. What are the reasons for having this piracy problem and how can we effectively investigate these crimes? c. Is there any improvement UAE police can do to at least minimize piracy in the United Arab Emirates (contrasting UAE, UK, and other countries and learning from their experience). 1.4 Objectives The objective of this research is to be able to gather enough information about the existing police strategies and approaches regarding piracy in UAE. These include investigating the nature of piracy-related crimes, reasons why UAE police cannot completely eliminate piracy, and identification of practices that may be adopted by UAE police to control the production and sale of pirated products in UAE. 2. Literature Review 2.1 Existing police practices in dealing piracy in the United Arab Emirates and other countries such as UK, Australia, and the United States. One important feature of UAE government’s anti-piracy policy is eradicating software piracy in the region. This aspect of UAE policy led to an extensive campaign against IT resellers which according to a report has been successful. For instance, Dubai police successfully arrested three IT resellers selling unlicensed copies of Microsoft software and a number of pirated CDs in 2008. However, critics view these raids as relatively small considering the present level of UAE’s piracy crimes (Oxford Business Group, 2008, p.156). In 2009, software industry estimated that piracy in UAE caused the region economic losses of almost $170 million or AED 623 million. Although the lowest in the Middle East, industry stakeholders believe that UAE government’s effort is still short and should be doing more about piracy (Kirk, 2011, p.366). The reason probably is the presence of illegal DVDs imported from Malaysia or China that can are being sold in the alleyways and basements of Karama in Dubai. Note that this is occurring despite efforts of the Arabian Anti-Piracy Alliance and the police that have been successful in seizing pirated DVDs (Schulte-Peevers, 2010, p.43). According Gershon (1996), imported pirated DVDs is not the only problem in UAE as it is considered major exporters of pirated products and supply countries like Saudi Arabia and other African states. The only difference is that UAE’s piracy is not state-sponsored like China, a country with long history of music and computer software piracy (p.125). Moreover, UAE Police efforts to control piracy has been very extensive as evidenced by recent raids and apprehension of around 185, 000 pirated CDs and Microsoft Products. For instance, Dubai police arrested 83 retailers for selling pirated software in November, 2012 and continually conducting public awareness while encouraging consumers to report any activity associated with piracy (Gulf News December Issue, 2012, p.1). This is because Dubai Police believed that educating the people is an effective way of combating piracy (Marzouq, 2012, p.1). They also warned consumers not only the danger of purchasing a pirated product but the legal consequences of such dealings (UAE Interact, 2012, p.1). In the United Kingdom, UK police in December 2012 seized pirated products at Manchester airport. Police believed that this is the largest counterfeit CDs ever apprehended as they are worth around £250, 000. Investigation of the incident suggests that the freight containing pirated products that was seized through coordinated efforts (Police and representatives of the music industry) came from Hong Kong (Davies, 2012, p.1). In relation to the extensive efforts of UK police against pirated products, a popular music website was recently shut down because police suspect that the website is hosting and selling stolen music through the Internet which is causing the industry of about £15 million per year (3News, 2012, p.1). The UK National IP Crime Strategy aims to deliver better-targeted enforcement against piracy while the National IP Crime Group which is represented by the police and industry bodies was created in 2005 to tackle piracy crimes (Avery, 2008, p.253). Notably, the difference between UK and UAE regarding police piracy control efforts is the ability of pirated products to enter the Emirates through ports (airport and seaport). As mentioned earlier about Manchester airport, pirated products are seized before they can enter the market which in essence is more simple and effective as the police will concentrate on one location rather conducting small raids in various places. The similarity however is the fact that both the affected industry and the police are working together to solve the piracy problem in both countries. For instance, the UAE police are supported by Arabian Anti-piracy alliance while UK police is working together with the representatives of the music industry. In Australia, the government put emphasis on the educational aspects of controlling pirated products thus Australian police are involved in educational campaigns stressing the legal and unethical aspects of digital piracy. Moreover, similar to UAE and UK, the Australian Federal Police is working with the Music Piracy Investigations or MPI and representatives of the music and movie industry. The group launched the “Music for Free” campaign to educate people on the consequences of illegal downloading (Hull et al, 2011, p.295). The Australian police are linking piracy with organized crime as manufacturing plants were discovered while raiding retail outlets in Sydney. Moreover, two of these retail outlets were run by members of known Vietnamese crime syndicate (Eliezer, 1999, p. 43). In the United States, the police are also busy fighting counterfeiting and piracy but they appear encountering more problems compared to UAE, UK, and Australia. For instance, piracy problems in the United States is not limited to CDs, DVDs, and software but extend to counterfeit drugs, fake airline and automotive parts which sales are believed to be financing some terrorist groups. According to Bryer et al. (2011), there is evidence to suggest that proceeds from these piracy activities are being used to support terrorism as in the case of pirated music CDs, Sega, Sony, and Nintendo game discs sold to fund Hezbollah-related organizations in 2000. Similarly, New York also discover that sale of pirated CDs in 2004 was responsible for funding the bombing of Madrid train in the same year that killed 191 people (p.128). The United States police have a long history of combating piracy as working with the Recording Industry Association of America or RIAA and other government agencies, the US police confiscated a significant number of illegal CDs, arrested more than 40 pirates, and shutdown more than 15 illegal manufacturing plants since 1998 (Bosworth & Kabay, 2002, p.94). Police approaches in UAE, UK, Australia, and the US seems similar in a number of ways. For instance, police units from respective countries are working in coordination with industry and other concerned government agencies. They are all involved in intelligence work, investigation, and raids or apprehension of both pirated products and their sellers. Moreover, they all believed that piracy is both local and international problem and supported by organized crime syndicate. Although it is not clear that sales of pirated CDs, DVDs, and similar products are being used to fund terrorist activities in UAE, UK, and Australia, the US police experience should not be taken lightly since it may be also occurring without police knowledge. 2.2 Reasons why UAE is having this piracy problem and methods of investigating and controlling these crimes According to Al Abed et al. (2006), the UAE government is committed to enforce its piracy law thus it has become a regional model for reducing piracy. However, piracy of CDs, DVDs, and software still exist despite efforts from concerned government agencies and the police (p.260). Piracy is an international problem thus whatever occurring in UAE in terms of piracy control is somewhat related to other countries. For instance, the reason why piracy still exists according to the Information Resource Management Association (2000) is the reality that people make ethical judgements based on their perception of what is right or wrong (p.83). In other words, piracy still exists because there are still people willing to buy them. Another reason is the fact that they are cheaper than the original product. For instance, Sony Playstation is more successful in Asia compared to other parts of the world because cheap, pirated CD software are manufactured in Taiwan and available to every county in Asia (Wolf, 2008, p.214). In UAE, the same reason may be applicable as despite extensive efforts by the government and the police, sale of pirated products continues. The UAE government and police effort to intensify public awareness on the dangers of pirated products and legal accountability of those who will buy them is one way of controlling piracy. For instance, provided the police are successful in encouraging people not to buy pirated products because of the reasons mentioned earlier, then piracy business is no longer profitable because only few people with buy pirated products. Similarly, if police intensify their intelligence networks and conducting raids regularly, it will be difficult for pirates to sell their products. However, there is one aspect of UAE police piracy control that is not clear particularly in the area of imported pirated products from China, Taiwan, Hong Kong, and other known countries manufacturing pirated software, CDs, and DVDs. News report mentioned earlier suggest that UAE police are more interested in raiding retail outlets and those that are openly selling pirated products in the street rather than concentrating on the entry points (airport, seaport, etc) of these illegal products. In 2008, a global congress on combating fake and pirated products was conducted in Dubai and aside from cooperation and coordination; one of the most important recommendation in order to solve this problem is to intensify customs police efforts against the entry of counterfeits including those that threaten the health and safety of consumers. Another is intensifying criminal and border measures legislation and enforcement which is essence is preventing the entry of pirated goods through borders and ports (Fourth Global Congress Dubai, 2008, p.3). By analysis, the recommendation of the fourth global congress is emphasizing the lack or inadequate police actions in UAE’s borders as well as legislations to support enforcements. Evidently, participants in the global congress are aware that in order to effectively control piracy in UAE, police and other authorities must first prevent illegal products entry rather than letting them reach the streets of Dubai and other UAE states. Like UK police, UAE enforcement authorities should concentrate their effort on imported pirated products passing through their borders in order to simplify the intelligence and investigation process. Logically, if police raids will be done regularly in the streets or warehouses, chances are they will only arrest and capture the resellers instead of the real pirates. Moreover, it is very likely that the amount of pirated products confiscated by the police is just a small part of the smuggled goods. It is therefore important to think about long-term solution to the problem rather than relying on public awareness and small raids that will only partially prevent the purchase of illegal items and acquisition of small amount of counterfeits. By analysis, effective investigation of these crimes is dependent on the outcome of intelligence as innovative intelligence efforts can identify sources of counterfeit products, their destination, and the local resellers who will distribute them in UAE. These reports will contain some of the facts that will help UAE police track down and arrest those involved. However, arresting counterfeiters is just part of the job because proving that these products are counterfeit is another matter that requires investigative knowledge far beyond normal investigative work. The main reason is the fact that these products are digital and almost exactly the same as the original. For instance, piracy over the Internet will likely require expertise in cyber crime investigation. Similarly, police will unlikely build a case against cellular pirates if they are using traditional investigation techniques instead of high-tech fraud techniques (Kiger, 1996, p.56). It is therefore necessary for UAE police to get familiar with pirated products investigation or consider the benefits of modern police science in investigating high-tech crimes particularly in exploring the originality of a certain products being sold in the streets of UAE. 2.3 Improving UAE police strategy in combating piracy, minimizing the economic impact of pirated products, and protecting intellectual property rights in the region As discussed in the literature review on the current piracy situation in UAE, UK, Australia, and the US, improvement in the UAE police strategy is necessary. Learning from other countries experience, UAE police must adopt an innovative solution in combating piracy. For instance, the changes in UK police strategy was encouraged by the fact that campaign against piracy is consuming so much of their time and resources because there are too many traders selling pirated products in UK streets (Howorth, 2002, p.45). In UAE, similar experience may prompt the police to adopt new and innovative solutions such as extensive monitoring of borders, international intelligence networking, familiarity with modern investigative science, and effective public awareness campaign that not only discouraged purchase of illegal products but long-time commitment to the ethical implications of buying pirated products. For instance, digital technology according to Broadhurst & Grabosky (2005), permits perfect reproduction thus many people are tempted to reproduce copyrighted material and sale it at a lower cost (p.34). Clearly, professional pirates or not, reproduction of copyrighted products such as CDs, DVDs, software, and others can be performed even by those receiving police public awareness messages. It is therefore important to gain the commitment of the larger community against pirated products through real police-community engagement, talks, joint initiatives, and others. 3. Research Methodology 3.1 Research Design The design of this research takes into consideration the problem at hand which is identifying the issues in UAE police piracy campaign and possible improvement and approaches that may be adopted by the UAE police. For this reason, the design of this research take into account the details of the problem, the objectives of the research, the questions that must be answered, the target population relevant to police piracy approaches which in this case is the people of UAE, the sampling plan, data collection method and techniques, analysis and presentation of data gathered from survey. Since this study needs to determine a viable solution to the problems associated with piracy and police practices, a systematic method of inquiry will be employed. Qualitative method of research is not only systematic in nature but follows the scientific method of problem solving and employs an inductive process in order to develop a hypothesis (Thomas et al, 2007, p.21). According to Houser (1998), qualitative research is a theory building method of research where researcher use a working hypothesis or hypothetical explanation of phenomena in which information is gathered to determine if the facts are true (p.93). For this reason, the research design at the minimum contains detailed description of the sample population and the sampling technique, the data collection and analysis method, and timescale of the study. These important elements of the research design will ensure that the right population is targeted and the number of participants is representative of the larger population. For instance, UAE consist of several states thus need to identify the population and the police force that is more affected by piracy in terms of economic and community well-being. Similarly, the eligibility criteria set by this study will ensure that the most relevant participant is interviewed and provide the necessary information to complete this study. The sampling technique on the other hand facilitates implementation of well organized and sufficiently resourced research. For instance, interviewing a large population entails larger funds, workforce, and longer time which this study cannot afford. Sampling technique enable will enable this research to get the same information with smaller sample size and funds. Finally, qualitative data collection and analysis will ensure acquisition of the most relevant information and correct generalization of findings. In summary, this research design is expected to produce a convincing result that could explain why UAE is still having piracy problems despite strict legislation and enforcement. A result that clearly demonstrates the difference in policing approaches between UAE and other countries studied earlier. More importantly, a result that clearly identity the most appropriate method and technique that must be adopted in order for the UAE police to effectively control piracy in their region. 3.2 Study Population Clear definition of the study population is necessary to accurately determine the kind of participants and how each participant can benefit this study (Hennink et al, 2010, p.85). For this reason, participants will be selected based on eligibility criteria set in response to this study’s goals and objectives. Participants for this study must be: A resident of UAE Male Of legal age (with work preferred) Living near pirated products market and bought the product more than once Police officers participated in raids or assigned in the area where pirated products are sold Members of the local government 3.3 Sampling Technique – Quota Sampling Some of the most common sampling technique in qualitative research includes purposive or judgemental sampling, snowballing, and quota sampling but the first two are in some way irrelevant to the objectives of this research (Rubin & Babbie, 2009, p.149). For instance, although judgemental sample allows a sample population based on researcher’s judgement such as those population and areas that he or she is familiar with, it will not yield a meaningful result particularly in generalizing the applicability of a theory to the target population. Similarly, snowballing technique may be useful to low-budget research as there is no definite numbers of participants involve but this technique is vulnerable to accumulation of questionable samples arising from referrals of one participant to another (Rubin & Babbie, 2009, p.149). Since this study will only deal with a small portion of the target population and interested in people directly involved in pirated products buying and enforcement then it may be best to use Quota Sampling, a sampling technique that is more specific in terms of location and participants. A quota sample for Dubai for instance may be limited to a particular street where buying and selling of pirated products are occurring, people who trade this illegal products, male in their legal age with work money to buy this product, police enforcement in this particular area, and local authorities who are directly responsible to this particular area in Dubai. Using the eligibility criteria as guide, quota sample for a certain area in UAE may be calculated as shown in the table below. To make sure that all are represented equally, the total population is divided by the number of people meeting the criteria. For example, percentage of male near the pirated products market = number of male near pirated products market / population of 100 = 10 / 100 x 100 = 10% Table 1- Sample Quota Sampling of an area in Dubai (Source: Statistics Canada, 2012) Area Participant Type Number of Participants Percentage of Participants Quota of participants in sample of 100 1 Male at legal age with work 30 30% 30 1 Bought the product more than once 30 30% 30 1 Not interested in the product 20 20% 20 1 Police Officers 15 15% 15 1 Local authorities 5 5% 5 3.4 Data Collection The main data gathering technique for this study is qualitative interview and observation. According to Steubert & Carpenter (2011), in-depth interview and observation will yield better result because both participants’ opinion and behaviour are captured at the same time (p.288). For instance, interviewing and observing a participant who dealt with pirated products a number of times may yield information clarifying the ethical issues involving faked products as well as the character of those who are likely to purchase these illegal products. However, qualitative data collection technique is subject to acceptable ethical practices as researchers and participants have their own unique individual morality, feelings, positions, and principles around a particular issue (King & Horrocks, 2010, p.104). For this reason, the study will undertake several steps to ensure compliance with ethical requirements such as securing participants informed consent, review of questionnaires and elimination of embarrassing or offensive questions. The study will ask the participants about their preferred method of interview (recorded or not), their convenient time and day. They will be also reminded of their rights to cancel or discontinue the interview whenever they need to and object to questions they feel offensive or endangering their privacy. The actual interview will only take place when all necessary ethical precautions are completed. During the interview, the participants will answer strategically designed questions while the researcher observe. The participants will be given time to clarify questions and provide additional information when necessary. After all data are collected, the analysis phase of this study will start and the researcher will undertake data arrangement and analysis. 3.5 Data Analysis This study selected ethnographic analysis because it is well-suited for qualitative data and studies dealing with culture and social regularities of everyday life (Merriam, 2009, p.201). Moreover, it also allows open coding which is a common method in qualitative research. The open coding for qualitative data collected through interviews and observation is shown below. Table 2 - Sample Open Coding Code Interview Transcript Economic reason Q. Why are you buying pirated products? A. They are cheap. Enforcement activity review Q. Do you believe that raiding retail outlets selling pirated products are the right solution? A. No. They should stop import of pirated products Inadequate awareness campaign Q. Are you aware that pirated products are illegal and low and in quality? A. No. Never heard anything like that from our government 3.6 Time Scale ID Description Number of Days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 Submission of Proposal 2 Survey Preparation 3 Data Collection 4 Data Analysis 5 Dissertation Writing 6 Draft Submission 7 Finalization 8 Final Submission 9 Approval 4. Limitations and Ethical Challenges Almost all research methods have inherent limitations thus use of qualitative research method will bring in the problems associated with qualitative data collection such as bias and misunderstanding of participants opinion. However, the study is well-aware of these limitations and will avoid such problems by ensuring a well-organized data collection. Moreover, since piracy is a critical issue, the study is committed to protect the privacy of participants and ensure their anonymity. 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