Digital Piracy, Film/TV Consumption and Australian Copyright Law

This report examines the multifaceted issue of digital piracy, focusing on its impact on Film/TV consumption and its subsequent influence on Australian copyright law. It begins by defining digital piracy, distinguishing it from copyright infringement and unauthorized access, and explores its evolution alongside technological advancements. The report discusses the shift from traditional methods of piracy to modern cybercrime, including the role of cyber lockers and streaming services. It further analyzes the economic effects of piracy, the rise of legal streaming services in Australia, and the ongoing challenges in combating digital content theft. The report concludes by highlighting the need for innovative approaches, such as video-on-demand, and the continuous evolution of Australian copyright law to address the challenges posed by digital piracy. Desklib offers a platform to explore similar solved assignments and past papers.

Running head: ESSAY 0
law in digital age
OCTOBER 25, 2018
STUDENT DETAILS:

ESSAY 1
Introduction
The issues related to digital piracy are different and involve the making unlawful copy of
media involving the software, digital audio recording, and video recording without the
consent of or compensation to a copyright owner. The issue of piracy pre-dates Internet,
while stealing the contents and sending the contents is made easier by using technologies.
Actually, in present time piracy is considered as one of the most common form of
cybercrime. The digital piracy is considered by computer safety researcher and as well as
public scientist. Additionally, the researcher has measured the extent of digital piracy at both
the personal level and state level.
In the following parts, meaning of digital piracy, its impacts, feasibility of traditional
approaches and post production is discussed and critically examined.
What is digital piracy?
The digital piracy grow out of the computer hacking. The Digital piracy refers to the outline
of online piracy. The digital piracy is the illegal online delivery of copy of copyrighted
materials in the electronic form like software, music, and pictures. The bogus Microsoft
software regularly involves malware, spyware and unfinished codes (Casidy, Lwin and Phau,
2017).
The words piracy and robbery are normally connected with copyright infringement. The real
definition of piracy is "theft or illegal hostility at ocean” but this word is using for centuries
as synonym for act of copyright infringement. Robbery, for the meantime, highlights the
probable industrial or professional harm of contravention to the copyright owners. However,
the copyright is considered as kind of intellectual property, the part of law separate from that,
which envelops mugging or stealing, crimes in regard only to tangible properties. It is not
necessary that the copyright infringement generates the trading losses, and the Supreme Court

ESSAY 2
of United States ruled in the year 1985 that violation does not simply associate with the
robbery. The similar facts have been established in the case MPAA v. Hotfile (Tjiptono and
Arli, 2016). In the case of MPAA v. Hotfile, the honourable judge Kathleen M.
Williams permitted the action to reject the MPAA the use of terms whose look was first and
foremost derogatory. This list involved the term piracy, the use of which, the action by the
defence specified, provides no court purpose but to misguide and arouse the juries.
Whereas many people may be commit digital piracy, it still does not mean that it is accurate
to conduct. Regrettably, many people consider it for approved that just because it is not
unavailable, it is not required to make payment for it. Even though, the digital piracy is more
forced now through application of the cyber law, it is said by analysts that the danger is still
pretty much out there, with the huge statics of digital piracy number each year (Culiberg, et.
al, 2016).
Further, it is said by some people that the digital piracy is an excellent lesson to the leisure or
business industry to not charge too much people from the user for these produces, and make
them more reasonable within the resources so that people users will really be capable to pay
for what people require. In present time, the individuals have willing more for the paid
contents. The main sharing has provided by music and video streaming service.
Is digital piracy trade?
The digital content piracy is not fair to all. Because of this reason, in present time, cyber
lockers are an ideal tool for trading pirated movie and music files. In recent period, it is for
trade. Various entities propose simple access to buying the goods work over internet. In place
of download of the music at no cost, the person may do the right thing and make a payment
of the minimal figure each month to get right of entry to the complete listing of music. The
Spotify is an illustration, which is making offer of these services. Similar happens for the

ESSAY 3
Netflix for the pictures. The Amazon Prime and Netflix declared the worldwide expansion in
present time and they are making offer of reasonable plans in the new region (McKenzie,
2017).
Some person validate the piracy hobbies by specifying the facts that the manufacturing studio
or the software company already has a huge bank balances and they do not care if anyone
using their material at free of cost. Such people require to know that the creators want money
to make more contents in the future. If every person would label themselves as “an individual
using the material at free of cost”, then corporations will be bankrupt. For an example, an
individual is copying the pirated movies times after the release. The person will give reason
that movie creators have earned a sufficient amount from movies. They have created profit
and there is no problem to get stuff at free of cost.
Consumption of film or TV shows-
The Post-production is a procedure of photo-shoot, production of film, and cinematography.
It involves the production stages happening after shoot or tape separable program segment.
The traditional post-production has regularly been changed by video edit software, which
operates on the non-linear edit systems.Generally, the audio recording without the
authorisation of matter is always not legal but it can be valid in some conditions. If the
situations require recording of audio and the person will be using equipment in the
permissible way, there are wired microphones and wireless microphones exist to buy. These
will operate in better way that standard created in microphones, which are established in
other camera (Belleflamme and Peitz, 2014).
The most of rules, regulations and laws dealing with video recording privacy issues tend to
permit secretive recordings and observing of video’s activities in most of circumstances
without notification of any of the parties involved. So far, in some cases the courts have

ESSAY 4
allowed video recordings of nannies, elder care workers, and the videotape recordings created
with secret camera without permission. Recording video and audio is different thing, there
are certain state law and central law barring secret recordings and observing of audio
conversation. This law is considered extremely serious by specialists or representatives and
failure to stand by them may effect in severe concerns. There are two types of defined
recording situations for audio recording. They are known as one person consent and two
person consent (Park, Kang and Oh, 2018).
Traditional methods
Before entrance of personal computer, the other method of piracy had the main role in
societies. Copying of proceedings was general place but not in similar level as nowadays with
peer-to-peer network and CD burner. Plagiarises were also majorly difficulties of unreleased
materials and live recording. The entrance of cassette deck was considered as major rise
towards extensive digital piracy. It could be simple to copy music and share in the small
format that is offered by cassette tape. Various personal computers used cassette deck as the
storage device. The software piracy scene increased and cassettes were swapped and copied
because of the price and non-availability to the retailers. The floppy disc was the next storage
device. Initially, the floppy discs may only comprise about 170KB of statistics or information
but with the passing of time, the capacity of floppy discs increased to 1,44MB. This increase
in capacity was joined by a new generation of personal computer. The floppy disc had by this
time become standard and were greatly used to share copy of game and software (Baek, et. al,
2018).
Later, the prices of computers and modems had decreased. Later, BBSs made place of
meeting of youth with interest in computer. Piracy was common, but the BBS was great place
for individuals to share concepts and attain knowledge of very slight field by making
discussion with others. When software was pirated in great level, the industries related to

ESSAY 5
music released compact discs. The compact discs proved as affordable and consistent storage
device and was incorporated in world of computers.
In recent time, there are various types of copy securities in marketplace. The common thing is
that there has always a procedure to bypass security. The real financial influence of copyright
infringement differ extensively and based on various elements. The copyright holders get to
decide who may create copy of work. The copyright laws do not permit writers and editors
complete control over work. Only some works are secured.
The consumption of Film/TV evolved to cope with the effect of digital piracy-
The thinking is that the workplace may not be hurt. The reason is that people get mostly
about movie that make money. However, in reality the filmmakers live on the superiority,
looking for finance to generate excellent contents, and continuing high vagueness about
whether they will be capable to pay off debts and have benefit left. Given the high fixed cost
of producing a quality movie, losses from piracy can be the difference between making a
profit or not (Udo, Bagchi and Maity, 2016).In addition of this, although piracy may damage
local media expansion it may also be understood to support it by improving the values of the
consumption of media generally, and while a lot of it may be through piracy, the complete
improvement shall translate to the sale too (Phau, et. al, 2014).
Effects of piracy as introduction of new services in Australia-
The digital piracy gave the rise to streaming services in Australia. This year is turning point
in Australia with launch of Netflix and Stan, and the relaunch of Presto. The Quickflix also
presently made the agreement with Shanghai-based film and TV Company to join the
business and create a worldwide streaming stage for allocation of Chinese films and TV
contents in market of China and international marketplaces. Music streaming service has

ESSAY 6
exploded. The Spotify is adding close to 60,000 new customers weekly in Australia, with
over 30% subscribing to 11.99 $ monthly premium paid services. Recently, Apple
has launched new music streaming service. The streaming services are made important
effects on digital piracy. In this way, the streaming services in Australia have been successful
to attract people.
Economic effect of legal streaming services-
It cannot say that internet piracy has gone. The reason is that the streaming services are
accessible; it does not imply that products are not copied. Secondly, some products are not
easy or not possible to stream, like software, games and book. The product will rely on
various kind of DRM software to secure products from streaming (Casidy, Phau and Lwin,
2016).
The plagiarises have started to race with streaming site by copying contents themselves. The
streaming site unlawfully horde stream of TV show or pictures. It may reason for various
issues for organisations going after last user of site as they never download on computers.
The streaming sites are not possible to totally taken. Some individuals unlawfully stream on
famous sites, like Instagram and Facebook. They have procedure of taking unlawful contents,
but it is not possible to review posted things and delete posted unlawful contents. Some
individuals will pirate movies, music, and video games as always. Here, the point to be
considered is how to fight this robbery.
The motion picture industry has supposed as high-tech business. With net, the producers of
movie can bypass traditional distributors and make delivery of pictures in direct way to end
customers by innovative techniques like video-on-demand (VOD). New broadband
connections, digital file compression, streaming and encryption techniques will make video-
on-demand the feassible actuality. The complete business segment can be disinter mediated

ESSAY 7
as traditional actors in middle of value chain can be eradicated or strained to transform the
models of business in innovative types of aggregators and infomediaries.
Copyright law of Australia-
From the past time, the copyright law has undergone the infrequent evolution. As the
laws have changed, so has nature of argument over copyright in the culture and court at large.
The copyright law is actually all about copying the things. The copyright law in Australia has
Evolved a phased programmes for handling the situations by improving and amending the
provisions of laws. The government of Australia is preparing legislature, if news report is to
be supposed that will need ISPs like iiNet to share contravention notice to the clients while, at
similar period, blocking some sites that render access for clients to copy and share unlawful
contents. It is believed that government is heading down incorrect way if they are taking
security of copyright seriously (Arli, Tjiptono and Porto, 2015).
There are various legislations to deal with digital piracy. The amendments of copyright law
knowledgeable properties right holders, such as Hollywood company, will be capable to
create matters in Australian central court to force ISP (Internet Service Providers) to take
proper actions to block rights to access the sites. The amendments made in the Copyright Act
1968 do not decide whether ISP will require restricting the IP address that recognises servers
(Lowry, Zhang, and Wu, 2017).
The contentious new piracy laws have just been passed in governing body, which would see
website presenting illegal right to use to copyright contents blocked by Australian ISP.
The Copyright Amendment (Online Infringement) Bill 2015 is created to stop citizens
accessing some sites such as BitTorrent network site. The bill Copyright Amendment (Online
Infringement) Bill 2015 was enacted in Australian Council but not consider as law. These
laws cannot stop person who copying unlawful contents from external sites, as the procedures

ESSAY 8
of sidestepping ISP filters are various and data are edited extensively online (Belleflamme
and Peitz, 2014).
Legislation to deal with TV/show piracy-
The state government has law, which restrict the broadcasting of materials inappropriate for
minor. In Australia, the Internet censorship presently comprises of the controlling rule, where
the Australian Communications and Media Authority has powers to impose content’s limits
on contents presented in Australia, and create the black list of external sites which is then
given to filter the software (Franklin, 2017). The limits highlight mainly on child
pornography, sexual fierceness, and unlawful activities, accumulated as outcome of
complaint of client procedure. In year 2011, two Australian ISPs, Optus and Telstra,
established they will freely block admittance to the child-abuse sites provided by the
Australian communication and media authorities and more sites on the lists assembled by
unnamed foreign companies from middle period (Koklic, Kukar-Kinney and Vida, 2016).
In year 2015, the central government enacted legislation paving manner for court-ordered
blocking of sites hosting materials in copyright breach. Though, blocking piracy sites may be
never-ending games of mouse and cat as sites may reappear somewhere else in different
domain, leading some to claim the site-blocking legislation will eventually prove to be
pointless exercise. Aspirant pirates may use VPNs (virtual private networks) to cover their
locations and get around site-blocks.
Obstacles faced by Legislators regarding online piracy-
Unlawful plagiarism in physical format also shows the issue as technologies has improved
the quickness and increased the excellence of stealing. Though the avoidance of copyright
piracy order connecting to license of resident manufactures of optical disc does seem to have
prevented unlawful plagiarism activities, the issue people face is unlawful copy created in

ESSAY 9
PRC that are unlawfully spread at national level and also available for deal by the retailers in
PRC. Further, the unlawful interpreter retailer renders inexpensive maintenance services to
the clients to make sure that the clients may continue to utilise the unlawful interpreter not
withstanding acceptance of innovative technical solution (Donner, et. al, 2014).
Conclusion
As per the above analysis, it is concluded that the digital media piracy and software piracy
create the old viewpoints as well as the modern situations. The people have met with various
good and bad answers to make the conclusion that have helped forge the personal mixture of
counter measures. It is found that successful application of the countermeasures will
influence piracy rating in the effective manner. The craving of public for digital media and
software has never better. It is required that a production should hold the interests and
attention on eliminating the opposition towards the big unidentified companies.

ESSAY 10
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ESSAY 11
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