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Piracy

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Full-Text Articles in Law

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu Nov 2018

Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu

Peter K. Yu

No abstract provided.


Piracy Prosecutions In National Courts, Maggie Gardner Aug 2017

Piracy Prosecutions In National Courts, Maggie Gardner

Maggie Gardner

At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the …


Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Apr 2016

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Sonia Katyal

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …


Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke Dec 2015

Re Think Of The Definition And Function Of Motives And Conspiracy In Piracy Under Unclos-2.Docx, Ademun Ademun-Odeke

Ademun Ademun-Odeke

No abstract provided.


The International Politics Of Combating Piracy In Southeast Asia, Christopher Rahman Jan 2015

The International Politics Of Combating Piracy In Southeast Asia, Christopher Rahman

Chris Rahman

No abstract provided.


Book Review Of The Law And Practice Of Piracy At Sea: European And International Perspectives, Chris Rahman Dec 2013

Book Review Of The Law And Practice Of Piracy At Sea: European And International Perspectives, Chris Rahman

Chris Rahman

No abstract provided.


Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio Mar 2013

Digital Piracy Debunked: A Short Note, Giancarlo Francesco Frosio

Giancarlo Francesco Frosio

In the last two decades, the industry has endlessly deployed the rhetoric of the “digital threat” in order to demand harsher measures against digital piracy, peer-to-peer file sharing and the like. In fact, the uneasiness in sharing the view that harsher measures are an adequate response to copyright infringement in the digital environment comes from the uncertain grounds on which the heavy-handed reaction against digital piracy has been based. Two related arguments might run against this heavy-handed approach. First, market conditions might incentivize piracy. Additionally, there are raising doubts over the argument that piracy is a threat to creativity, especially …


Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin Jan 2013

Piracy And Video Games: Is There A Light At The End Of The Tunnel?, Maxim Tsotsorin

Maxim Tsotsorin

Over the past couple decades piracy has become a relatively low-cost business – available technology has made making a copy of a videogame as easy as ripping off a music CD on your personal laptop – with a click of a button. Digital color copiers make CD inserts that look better than originals, and printing technology allows printing on CDs without messy stickers. In the Internet universe, multitude of bit-torrents and peer-to-peer sharing platforms provide videogame pirates with an unlimited distribution market and low cost operations. The industry’s countermeasures, however, also has not stayed still. The game developers employ a …


Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips Oct 2012

Pirate Accessory Liability – Developing A Modern Legal Regime Governing Incitement And Intentional Facilitation Of Maritime Piracy, Roger L. Phillips

Roger L Phillips

Despite the exponential growth of piracy off the coast of Somalia since 2008, there have been no prosecutions of those who have profited most from ransom proceeds; that is crime bosses and pirate financiers. As U.S. courts begin to charge higher-level pirates, they must ascertain the status of customary international law as reflected in the UN Convention on the Law of the Sea. UNCLOS includes two forms of accessory liability suited to such prosecutions, but a number of ambiguities remain in the interpretation of these forms of liability. These lacunae cannot be explained by reference to the plain terms of …


Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin Aug 2012

Tolerance Is Law: Remixing Homage Parodying Plagiarism, Mathias Klang, Jan Nolin

Mathias Klang

Three centuries have passed since copyright law was developed to stimulate creativity and promote learning. The fundamental principles still apply, despite radical developments in the technology of production and distribution of cultural material. In particular the last decades’ developments and adoption of ICTs have drastically lowered barriers, which previously prevented entry into the production and distribution side of the cultural marketplace, and led to a widening of the base at which cultural production occurs and is disseminated. Additionally, digitalisation has made it economically and technically feasible for users to appropriate and manipulate earlier works as method of production. The renegotiation …


On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson Aug 2012

On The Legal Issues (Including Human Rights) Regarding The Prosecution Of Sea Pirates; A Case Of History Repeating Itself?, Barry Dubner, Sara Fredrickson

Barry Dubner

The International Maritime Bureau (IMB) Piracy Reporting Centre recorded 439 incidents of piracy and armed robbery in 2011 (“armed robbery” is an unfortunate definition of “sea piracy” ) compared to 445 in 2010. Worldwide, in 2011, 45 vessels were hijacked, 176 vessels were boarded, 113 vessels were fired upon, and 155 vessels reported attempted attacks. There were a total of 802 crew members taken hostage, ten were kidnapped and eight were killed as a direct result of the incidents. Those are world-wide statistics. Somali pirates accounted for more than half of all attacks in 2011. While the overall number of …


This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer Aug 2012

This Sporting Life: Copyright Law And Consumer Rights, Matthew Rimmer

Matthew Rimmer

When too much sport is not enoughH.G. Nelson and Roy SlavenSport occupies an anomalous position under Australian copyright law. A footballer like Gary Ablett Junior is not an author under copyright law. A sporting spectacle like the AFL Grand Final or the State of Origin is not a dramatic work. Sporting events are protected somewhat peripherally as television broadcasts under Australian copyright law. Nonetheless, sports organizations have engaged in special pleading in respect of intellectual property law. This has been particularly evident in the litigation between Optus, the National Rugby League, and the Australian Football League.


A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer Mar 2012

A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer

Matthew Rimmer

“If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close.” David Fewer“While European and American IP maximalists have pushed for TRIPS-Plus provisions in FTAs and bilateral agreements, they are now pushing for TRIPS-Plus-Plus protections in these various forums.” Susan Sell“ACTA is a threat to the future of a free and open Internet.” Alexander Furnas“Implementing the agreement could open a Pandora's box of potential human rights violations.” Amnesty International.“I will not take part in this masquerade.” Kader Arif, Rapporteur for the Anti-Counterfeiting Trade Agreement 2011 in the European ParliamentExecutive SummaryAs an independent scholar …


The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii Jan 2012

The Prosecution Of Piracy Under The Offenses Clause, James J. Woodruff Ii

James J. Woodruff II

The United States has had a long, storied history dealing with piracy. While it has had success in getting convictions under the Offenses Clause against pirates who attacked U.S. flagged shipping, prosecution under the clause does have its limits. This article examines the use of the Offenses Clause in the recent prosecutions by the United States of crimes on the high seas.


Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper Dec 2011

Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper

Andrew Popper

Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …


The Rise Of Nollywood: Creators, Entrepreneurs, And Pirates, Olufunmilayo B. Arewa Dec 2011

The Rise Of Nollywood: Creators, Entrepreneurs, And Pirates, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

The rise of Nollywood illustrates the revolutionary potential of digital technologies in Africa. Nollywood, or the Nigerian video film industry, reflects technology leapfrogging that is increasingly prominent in Africa today. Such leapfrogging, however, may raise significant issues with respect to legal and other institutions. Film production had largely ceased in Nigeria by the end of the 1980s. Despite this absence, in the early 1990s, Nigeria started on a path that has led it to become the top producer of digital video films in the world. Nigeria is, however, an unlikely locale for the development of a major film industry. In …


Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper Dec 2011

Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper

Andrew Popper

Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …


Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia Oct 2011

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Rascals, Scoundrels, Villains And Knaves: The Evolution Of The Law Of Piracy From Ancient Times To The Present, Rebecca M. Fantauzzi May 2011

Rascals, Scoundrels, Villains And Knaves: The Evolution Of The Law Of Piracy From Ancient Times To The Present, Rebecca M. Fantauzzi

Rebecca M Fantauzzi

This paper begins by tracking the history of piracy from Greek and Roman times, to the Golden Age of piracy, into modern day. It also looks at the motivations for becoming a pirate and the “piracy cycle.” The paper then moves into a discussion of how piracy has influenced the law, such as its impact on Universal Jurisdiction and international treaties like the UN Convention on the Law of the Sea; however, a stable definition of what constitutes “piracy” has become troublesome, even with the abundance of legal sources related to the subject. The paper then moves into a discussion …


Pirates In The Family Room: How Performances From Abroad, To U.S. Consumers, Might Evade Copyright Law, Tom W. Bell Apr 2011

Pirates In The Family Room: How Performances From Abroad, To U.S. Consumers, Might Evade Copyright Law, Tom W. Bell

Tom W. Bell

What will international copyright law look like in ten years? It will doubtless offer many different facets and will, as at present, elude any comprehensive portrait. This brief paper thus focuses on just one plausible and interesting scenario: Parties overseas will come to offer unauthorized performances of copyrighted works to consumers in the United States, a practice that will rouse the ire of copyright holders but that the Copyright Act will do little to stop. Depending on where the transmitted performances take place, legally speaking, they might not qualify as infringing under the Act. Even if they do qualify as …


Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert Aug 2010

Decentralizing Culture: The Effect Of Digital Networks On Copyright And Music Distribution, Benjamin Gibert

Benjamin Gibert

The advance of technology profoundly impacts how people interact with culture as the proliferation of digital networks transforms the effects of copyright in modern societies. This paper argues that the oligopolistic conditions of content markets and the legal discourse of intellectual property law have historically enabled copyright holders to promote a limited conception of art and obscure the complexities of copyright theory. While conceptual ambiguity is inevitable in the construction of aesthetic legal categories, current practices impose too many restrictions. The practical choices made concerning copyright in cyberspace will determine the evolution of culture in increasingly networked societies. The music …


Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert Aug 2010

Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert

Benjamin Gibert

The Internet is changing the way vast numbers of people experience culture today. Providing tools to interact with, manipulate and freely redistribute content, technology is dissolving conventional divisions between creators and consumers of cultural artefacts. As new technological and legislative mechanisms are deployed to stop digital piracy, there is a need to reflect on the meaning of copyright, piracy and culture in the context of digital technologies. This paper discusses the relationship between copyright and cultural participation. It refers to the music industry in order to depict the changing patterns of consumption behavior precipitated by the rise of digital networks …


Pirates Versus Mercenaries: Purely Private Transnational Violence At The Margins Of International Law, Ansel J. Halliburton Jul 2010

Pirates Versus Mercenaries: Purely Private Transnational Violence At The Margins Of International Law, Ansel J. Halliburton

Ansel J. Halliburton

Because of the recent surge in piracy emanating from the failed state of Somalia, the world’s navies have focused unprecedented resources and attention on the Gulf of Aden and Indian Ocean. Despite a few successes, this military might has largely failed to reverse the tide of piracy. Shipping companies have begun to hire armed private guards to protect their vessels and crew where the public navies cannot. But should private force take a larger role? Should shipping companies hire mercenaries to go on the offensive against pirates? Does, or should, international law allow them to do so? This paper surveys …


Somali Piracy-Underlying Causes And New Challenges To International Law And World Order, Ademun Ademun-Odeke Dec 2009

Somali Piracy-Underlying Causes And New Challenges To International Law And World Order, Ademun Ademun-Odeke

Ademun Ademun-Odeke

No abstract provided.


Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden Oct 2009

Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden

Bocconi Legal Papers

Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the ‘high seas’, ‘private ends’ and ‘two ships’ requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another …


Why Typefaces Proliferate Without Copyright Protection, Blake Fry Aug 2009

Why Typefaces Proliferate Without Copyright Protection, Blake Fry

Blake Fry

Classic economic theory predicts that without copyright protection authors and publishers would not have sufficient incentive to invest the time or money needed to produce or distribute new works, and the public would suffer a shortage. Copyrights are an attempt to solve this problem. By granting a monopoly to the author of an expressive work the government gives him the sole right to copy it. If only the author has this right, authors will get a reasonable rate of return, and thus a sufficient incentive to create new works. However, empirical evidence on whether adequate expressive works would be created …


The Whys And Hows Of Copyright Enforcement And Combating Piracy In India: Is United States A Stakeholder?, Jaspreet S. Kapur Jun 2009

The Whys And Hows Of Copyright Enforcement And Combating Piracy In India: Is United States A Stakeholder?, Jaspreet S. Kapur

Jaspreet S Kapur

No abstract provided.


The Original Understandings Of The Capture Clause, Aaron D. Simowitz Apr 2009

The Original Understandings Of The Capture Clause, Aaron D. Simowitz

Aaron D. Simowitz

The Congress shall have power to . . . To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. US Const Art I, § 8, cl 11.

Although the Capture Clause may seem obscure today, the power it embodies was crucially important to the early republic. General Washington declared, even during the Revolutionary War, that a centralized and standardized system for the handling of prizes was vital to the war effort. The first court established by the fledging federal government was the federal appellate court of prize. This court heard over a …


Letters Of Marque And Reprisal: The Constitutional Law And Practice Of Privateering, Theodore M. Cooperstein Apr 2009

Letters Of Marque And Reprisal: The Constitutional Law And Practice Of Privateering, Theodore M. Cooperstein

Theodore M Cooperstein

The United States Constitution grants to the Congress the power, among others, to issue “Letters of Marque and Reprisal.” Although the practice seems to have fallen into disuse in this century, it was an important tool of national power for the federal government created by the Framers, who placed great import on the federal government’s role in protecting international commerce and in enforcing international law.

Privateering played a significant role before and during the Revolutionary War, and it persisted in American history as an economical way to augment naval forces against an enemy in wartime. A significant outgrowth of the …


Indonesia As An Archipelago: Managing Islands, Managing The Seas, Robert Cribb, Michele Ford Dec 2008

Indonesia As An Archipelago: Managing Islands, Managing The Seas, Robert Cribb, Michele Ford

Robert Cribb

Indonesia's archipelagic character shapes its identity.