How Digitalization and the Internet Pose Threats to the Copyright System - Essay Example

How Digitalization and the Internet pose threats to the Copyright System Name: Institutional affiliations: How Digitalization and the Internet pose threats to the Copyright System Presently, the internet and digital media poses countless challenges to the copyright system. They both provide an unprecedented means through which a large quantity of materials can be accessed as well as used by persons. The internet and digital media encourages infringement through various methods which include piracy in the internet, peer to peer file sharing, inefficient Digital Rights Management Systems, software’s being cracked distributed on the internet, cumbersome implementation of infringement laws resulting from the internet, societies ambivalence, advanced technology, increased internet access and a wide range of materials which are posted on the internet among others result in difficulty of implementation of the copyright system in countering the challenges posed by the internet and digital media. It is expected that internet and digital media should lend a hand in efforts to stop infringement of the copyright system but this is not about to happen since the internet and digital media are platforms which are used to infringe the copyright system. Actually, the digital and internet media exacerbate infringement of copyright laws as a result making implementation of law cumbersome. For instance, Bill a United States inhabitant who lives in Great Britain uploads digitalized piece of work of Françoise from her dwelling to a server which is in Great Britain. Françoise, who lives in Belgium but she is a French citizen and has only published her work in France and she has a French copyright. The infringing piece of work is afterwards downloaded in Great Britain, Germany and the United States. Françoise then sues Bill in Belgium for infringement. Determining which type of laws should be applied in this case is a cumbersome question. A court may possibly apply the French law since Françoise a French citizen and she also holds a French copyright for the piece of work which published was published in France. Various applications of law may be made regarding the damage caused on Françoise but all the same it is difficult to choose on a particular law which should be applied. The international copyright laws do not provide adequate resolution for such international case because the major stronghold of copyright system implies nationally restricted application of the copyright system (Khosrowpour, 2006). The internet persists to be media in which infringement of property right rights takes place frequently. Recent advancement in technologies which comprise of video and music compression as well as quick internet connection have aided in legal storage and dissemination of this works efficiently and making it more marketable. On the other hand, the continuous technological advancement has enabled more efficient and lucrative piracy. It is not surprising that internet piracy is one amongst the fastest increasing form of piracy as well the most complicated to control. Consequently, legislators have been making attempts to keep pace with the modification in technology by continuously enacting fresh copyright protection laws which counter the latest threats to copyright title-holders. However, technology has always developed faster than the legislators can imagine and in most cases the legislation process is usually slow this provides a good opportunity for individuals and companies that cause infringement of property right an excellent opportunity to gain from the illegitimate trade. The Digital Rights Managements (DRM) Systems illegitimatizes usage of digital files, therefore shielding the benefits of copyright holders. The DRM technology regulates files access which includes length of views or number of views, sharing, printing, altering, saving as well as copying (Khosrowpour, 2006). The main problem is that DRM systems which are available have a tendency of inconveniencing both illegal and legal users. Many users avoiding purchasing DRM-enabled substance or use free software which are available to render the protection inoperative. For instance, efforts made by the IFPI and RIAA using the Secure Digital Music Initiative (SDMI) to watch over the Digital Rights Management (DRM) system development failed since the interests of information technology developers, consumer electronics manufacturers as well as music companies were irreconcilable. The music industry wanted hardware producers to produce firmware which will shield their music. On the other hand the manufacture of hardware did not like to compromise usability of the products they had manufactured because the firmware would make their product not very functional (Khosrowpour, 2006). Recently, there has been an increase in the number of individuals who can access the internet as well as increase in internet accessibility. This is largely attributed to increase in broad connection since they are convenient. Modems are portable and can be used anywhere even when one is travelling. For instance, today there are more than 1 billion people who use the internet out of the 1 billion 190 million use broadband connection. China, Japan and India are among the top 5 users worldwide. It is projected that China unaided will add roughly 90 million fresh internet users for the next three years (Khosrowpour, 2006). The increase in internet accessibility has consequently led to increase in access of pirated software in the internet. Furthermore, most of the internet pirated software’s are usually free or charged less compared to the original copyrighted software’s. The internet provides unlimited access to a wide range of materials. Most of the materials are usually copyrighted materials but since there are no mechanisms which ensures that individuals who use the internet can be tracked or they give their identity before they can use the internet contents especially copyrighted piece of work results in an increase in infringement. Furthermore, individuals can give false identity when they want to access any website. Mechanisms need to be put in place to limit access to copyrighted materials such as literary work among others. The mechanism should help to show who is downloading the material through the individual’s computer Internet Protocol (IP) so that the culprit can be tracked easily. On the other hand this mechanism can be harmful to the internet user’s freedom. This fact further exacerbates the problems caused by internet in catapulting infringement of the copyright systems (Sparrow, 2009). Network piracy is very high on the internet since the internet provides conditions for its development. Actually, the quality of work that has been pirated is almost as fine as the original piece of work. Moreover, the cost of producing a piracy is less compared to making an original piece of work. In most cases the protection of copyright is usually very expensive. For instance, the internet has very many users for effective regulation of materials being used by the internet it means that a high cost has to be incurred. However this is a pipe dream putting in mind that the recession that has hit many countries and most amount of money is spent on the provision of basic needs. In reality, who will purchase original software while there is an inexpensive or free one in the internet which can be downloaded by just clicking a computer mouse? Recently, efforts by the warez have been aided by the existence of the internet and the digital technology. The groups of individuals work together so that they can illegally acquire software and then “rip” or “crack” its copyright protection prior to posting it to the internet so that other members can use it. Frequently, the fresh pirated copies usually get to the internet weeks or days ahead of the legitimate product being made available for sale (Siegel, 2009). It is pretty obvious that the “owners” of the pirated or cracked versions which reach the internet first will get more financial gains compared to the product owner which will reach the internet market after the sales of the cracked version have already started. Moreover, the cracked versions are usually sold at a low cost compared to the original products this prompts the consumers to opt for the cheap products. YouTube continues to play a major role in infringement of property rights if the allegations made by Viacom can be proved. Viacom made an allegation that approximately 160,000 of their programs had been watched on YouTube more than 1.5billion times. It is contended that YouTube provides a platform which aid in uploading of infringing content while it makes revenue from advertising. The complaints level against YouTube includes six elements which include direct copyright infringement through public display, contributory copyright infringement, enticement of copyright infringement, direct copyright infringement through reproduction, direct copyright infringement through public performance as well as vicarious copyright infringement (Sparrow, 2009). However YouTube responded to the allegations by claiming that it is protected by section 512 of DMCA immunity. In reality, YouTube could not have been leveled all this accusations were it not the internet and digital technology which played a major role. The internet and digital technology have facilitated peer to peer (P2P) piracy. Actually, the most contentious copyright conflict in the new millennium is “peer-to-peer” digital file distribution and the uncontrolled infringement of video and music copyrights. For instance, a file format identified as MP3 was formed in the late 1980s and it could store audio records and it allowed fast transmission of MP3 from different computers. Napster an internet company enhanced transmission of files among its users through P2P file-sharing scheme. Napster provided software which users would use to search MP3 files and then download the exact MP3 files for free. Eighteen recording industries sued Napster for encouraging infringement. The record companies alleged that Napster deliberately infringed copyrights by producing music digitally and distributing it without a license (Zelezny, 2010). It is evident that without the internet and digital technology Napster would not be in a position to cause infringement. Essentially, it is very evident that the copyright system is ill-equipped to contain the internet in its efforts to curb infringement of property rights. In actual fact, the copyright system emerged during the period of the printing press. The system worked pretty well for an average individual could not make a copy of a book and issue it out to his friends or even sell it in bookshops or in the streets. However with the invention of magnificent technologies such as Tape decks, photocopiers and VCRs changed the link between the potential copier and copyright owner. Initially, access to technology acted as an obstruction to copying among the public members. The new technology provides one with a fertile ground to photocopy articles, tape albums, CD writing and recording favorite television shows and what does the public know? The copyright system is in fact alive and kicking (Zelezny, 2010). On the internet, the copyright system faces one of its greatest tests this is through the ease with which replication can take place. For instance, if one decides to save a Portable Document Format (pdf) file he will actually have the same copy of its original. Moreover, one can produce as many copies as he wants because he can use a photocopy machine and printer. The most encouraging part of digital media is the mere fact that successive copying does not result in degradation of quality of a piece of work. This will encourage individuals to produce the copyrighted materials with the aid of digital technology. However, if the digital media would produce copies which its quality decline with an increase in production it would greatly help to limit production of copyrighted materials. Digital media ought to develop in such as a way that when copyrighted materials are produced one has first of all to make payment but this is not the case (Sparrow, 2009). Digital media encourages easy transmission and multiple uses. For instance, if one is in possession of a copyrighted pdf file on his computer hard drive and he would like to send that pdf file to his friend he can easily email it or he can even sell the pdf document to his friend and eventually he still retains his copy on his computer hard drive while his friend is possession of another copy. One is supposed to distribute pieces of work that are not entitled as his; it is advisable for one to purchase the material so that the owner of the product can benefit from his right (Sparrow, 2009). In conclusion, the internet and digital media should be used to help the enforcement of the copyright system. This will help in limiting acts of infringement of property rights since the internet and digital media play a key role in infringing of property rights. It is also worth noting that the internet does not solely contribute to infringement of copyright in some instances legislation has also has a role to play. References Khosrowpour, Medhi (2006). Cases on electronic commerce technologies and applications. London: Idea Group Inc, Siegel, Larry J. (2009). Introduction to criminal justice. Belmont: Cengage Learning. Sparrow, Andrew Peter. (2009). The law of virtual worlds and the internet social networks. Burlington: Gower Publishing, Ltd. Zelezny, John D. (2010). Communications law: Liberties, restraints, and the modern media. Boston: Cengage Learning, Read More