Cryptography
Professor Yesem Kurt
Kristen Burnette
Irene Recto
Erin Caraway
Amy Anderson
 Piracy
1: an act of robbery on the high seas ; also : an
act resembling such robbery
2: robbery on the high seas
3 a: the unauthorized use of another's
production, invention, or conception especially
in infringement of a copyright b: the illicit
accessing of broadcast signals
 Copyright
the exclusive legal right to reproduce, publish,
sell, or distribute the matter and form of
something (as a literary, musical, or artistic
work)
 The
United States Constitution (1787)
makes a reference to copyright in Article
I, section 8
 it gave Congress the power "to promote
the progress of science and useful arts,
by securing for limited times to
authors and inventors the exclusive
right to their respective writings and
discoveries.“
 In
1990, Congress amended the copyright act, to
say "prohibit commercial lending of computer
software“
 But there were ways around this…
 If a tech savvy person distributed copyrighted
software without receiving any monetary
benefits then they could not be prosecuted.
Until 1997, with the No Electronic Theft (NET)
Act, which eliminated this loophole.
In 1998, the DMCAC made it a crime to circumvent
anti-piracy measures built into most commercial
software it also limits internet service providers
from copyright infringement liability for simply
transmitting information over the internet by the
"safe harbor provision”
 DMCA Title II (OCILLA) creates a "safe harbor" for
internet service providers (ISPs) from being liable
for content stored or transmitted via their servers
as long as they take swift steps to remove the
copyrighted content when asked. This Online
Copyright Infringement Liability Limitation Act also
gave plaintiffs the right to subpoena user
information from the ISPs to carry out individual
lawsuits.
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 There are two
portions of the United States
Code that deal with Domestic Copyright
regulations.
 USC Title 17 which provides a comprehensive
breakdown of every copyright guideline and
section 2319 of Title 18 lists possible
consequences for criminal infringement of a
copyright.
 Under these laws, not everything conceived by
the mind is eligible for copyright.
When a work is classified as
copyrighted, section 106 of
chapter 1 gives only the proper
owner of the work the rights to
reproduce, prepare derivate
works, distribute, publicly
perform, and publicly display
the creation. In addition, these
exclusive rights must be
granted by the owner in order
for third parties to use the
copyrighted material.
 There are four
conditions of fair use
 Educational purposes by some special
educational organizations
 BUT, most likely when something that
is
copyrighted has been duplicated or distributed
without the owners consent Copyright
Infringement will occur.
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Factor one -- "purpose and character" – if the work advances
public knowledge and is transformative with little to no
commerical purposes
Factor two -- "nature of the copyright work" - more creative,
less purely factual usages of published works have stronger
protection against copyright infringement. Copying
unpublished works without consent usually weakens the
defendant's case for fair use.
Factor three -- "amount and sustantiality of portion defendant
used" the larger the portion of copyrighted work, the higher
the chance the ruling will be in favor of copyright infringement
and vice versa.
Factor four-- "effect of defendant's use on potential market of
copyrighted work" –If the work is likely to damage the
originals potential market opportunities, then the court will
most likely be in favor of the prosecution. (Criticism or
parodies that may put the original work in a bad light are
allowed even though it might damage the potential market.)
Fair use
Copyright infringement
Advances public knowledge
Fails to do so
Transformative use
Less transformative use
Little to no commercial use
Commercial use
More creative, less purely factual
Copying published works
Less creative, more purely
factual
Copying unpublished works
Small portions of the work
copied
Huge portions of the work
copied
Derivative work does not harm
potential market
Derivative work harms potential
market
http://www.digitalnative.org/wiki/Digital_Piracy_and_Law
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Prosecution can chose what they will sue for…
but the US Code does outline minimum and
maximum punishments for different scenerios.
for statutory damages, the allowable compensation
range from $200 to $150,000 per each infringed
copyrighted work
if the defendant has been found in violation of copyright
for personal financial gain, the maximum sentence is 5
years imprisonment for the first offense.
Other offenses carry 10 years imprisonment per offense.
If the defendant has been found in violation of copyright
for which the content had a total value more than
$1,000, the maximum penalty is 3 years imprisonment
for the first offense and 6 years for each additional
offense in the future
Hong Kong
 Golden Arcade –
shopping center
where dozens of
shops sell hundreds
of CD-ROM titles for
only $10
 They appear
legitimate but they
are actually
counterfeits
Malaysia
 Piracy is the cause of
concern in the US
because the piracy in
Malaysia has caused
damage of US$80
million to intellectual
property owners
Philippines
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-
Availability of
broadband has
caused illegal
Internet download
that serves as a
threat to legitimate
sales and
distribution in the
country
71% software piracy rate for the past three years
2006: country’s estimated losses from software policy =
$119million
Philippines
 P2P network has
allowed multiple
connections ,
typically used for
sharing files
containing audio,
video and other
digital format
 eDonkey, BitTorrent,
uTorrent
 15,000 Indian
families have regular
access to Bollywood
movies even when no
legal production has
been distributing in
India
 Monthly rent to a
website that delivers
the latest Bollywood
content
 Increasing
videohosting sites makes
it virtually
impossible and
difficult to keep
track of illegal
videos
 Isohunt.com,
mininova.org
Work and at home
 Make sure not to distribute
legal software illegally (i.e.
without permission)

May cause legal
problems in the
company

Careful inspections of
CD-ROMS
 Do not download, upload or
transmit software files
without the copyright
owners’ authorization
Microsoft
 Certificate of Authenticity
 Product Activation Code
PAN Network
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Digital Interactive Fingerprinting
(DIF) for the detection,
prevention and deterrence of
online music and video piracy
System installed in a website and
interacts with media files
Creates unique and virtually
undetectable fingerprint when
downloaded
Fingerprint allows a way to trace
the identity of any person who
downloads a copyrighted file
which will appear in an
unauthorized website
 Bill that
would encourage
media companies to make
more material available
online

More consumers would sign up
for high speed “broadband”
connection and digital TV sets
 Walt
Disney and other media
giants vs. technology firms
Minimizing piracy by
preserving consumer privacy
 1) offering consumer a reward
in exchange for personal
information
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Allows firm to identify true value
consumer is willing to pay for
2) tagging the digital product
with a unique code that would
retrieve no personal data and
would prevent the same
download from being played on
more than one device at a time
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In Helsinki Finland,
Rajjat Barjatya found
over 15,000 Indian
families who had access
to Bollywood movies
over the Internet.
They were paying
monthly rent to a website
for the latest movies,
which was taking large
amounts of money away
from producers.
Ratatouille made its way
online about 10 days
before its release.
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Recent studies claim the
Indian entertainment
industry loses $4 billion
and more than 800,000
jobs each year because of
piracy.
For example, when The
Matrix Reloaded was
released, pirates used a
file-sharing computer
program called
BitTorrent that let
thieves download films
for free within three
hours of its release.
 Legal
action has closed sites that allow users
to see pirated movies. Motion Picture
Association of America won its battle with
TorrentSpy, a peer-to-peer site that is now
closed. Yet, Pirate Bay, a similar Swedenbased service, is still running. Pirate Bay
creators say it is merely a platform and is
neither uploading nor downloading
proprietary content.
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It will be a while before
people like Barjatya can
cast a virtual safety net
over their digital assets.
No one expects piracy to
be eliminated, but, given
that a film's opening
weekend often accounts
for 60% to 70% of its
earnings, every day's
delay in the availability of
pirated copies can make
a big financial difference.
 Two members of the Digital
Natives summer
team, Nikki Leon and John Randall, investigated
the lawsuit of Zack McCune.
 In April 2007, Zack McCune was sued for
downloading by the Recording Industry
Association of America during the time he was
in college.
 http://blogs.law.harvard.edu/digitalnatives/20
08/07/23/the-ballad-of-zack-mccune-part-1/
 As a result, McCune pleaded guilty to the
charges (settled) and ended up $3,000 lighter in
his payments.
 Issues like
copyrighted music is
not only limited to
piracy.
 Believe or not, many
artists have been
sued for mixing
copyrighted music to
create new works.
 It’s considered as
stealing music.
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College students are
constantly blamed as the
major source of digital
piracy.
Fortunately, this is not
the case. The most
incidents of piracy comes
from individual
households.
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The Recording Industry
Association of America’s
(RIAA) data states that
off-campus consumers
should be the real target
of the media publicity
about digital piracy.
College students
represent a small portion
of the number of
individuals cited in the
RIAA's legal filings for
P2P copyright violations.
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http://www.iimcal.ac.in/imz/images/3331Bollywood_Sign.jp
g.
Joshi, Priyanka. “Virtual bites: Digital piracy robs Bollywood.”
Business Standard. 8 July 2008. 25 Nov. 2008.
http://www.businessstandard.com/india/storypage.php?autono=328043.
Leon, Nikki and John Randall. “The Battle of Zack McCune, Part
1.” Digital Natives. 23 July 2008. 25 Nov. 2008.
http://blogs.law.harvard.edu/digitalnatives/2008/07/23/theballad-of-zack-mccune-part-1/.
Movies – DVDRip. “Ratatouille (2007).” Show Movie. TV. 25
July 2008. 25 Nov. 2008.
http://www.starstore.com/acatalog/ratatouille-solo-l.jpg.
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“The Battle of Zack McCune, Part 3.” John Spam. 6 Aug. 2008. 25
Nov. 2008. http://johnrandall.com/blog/2008/08/06/theballad-of-zack-mccune-part-3/.
“Digital Piracy and the Law” 24 November 2007. 28 November
2008.http://www.digitalnative.org/wiki/Digital_Piracy_and_Law