A Review Note of Piracy and Intellectual Property Theft in the Internet Era

A Review Note of Piracy and Intellectual Property Theft in the Internet Era

Shun-Yung Kevin Wang (University of South Florida St. Petersburg, USA)
DOI: 10.4018/978-1-4666-5888-2.ch135
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Background

Basic Elements of Crime and Socio-Technical Gap

In their theory of crime, Cohen and Felson (1979) point out three elements of a crime incident: a suitable target, a motivated offender, and the absence of capable guardians. A suitable target is something valuable to potential offenders, and the target must be easy enough to be removed. Although crime rate is the highest among young males, motivated offenders can be anybody in the population, if an adequate opportunity is present. The guardians against crime do not necessarily refer to law enforcement. Instead, the owner of the targeted property, friends and neighbors of the property owners serve better roles of capable guardians that discourage potential offenders. In the scenario of burglary, potential perpetrators probably would less likely to choose houses that the owners are present or their friends/neighbors pay attention to. In the business settings, for another example, an office suite’s receptionists who watch people entering the office can serve as the role of guardian. In sum, for a crime to occur, the above three elements have to emerge first.

There is little doubt that industry has incentives to make their products lighter, more portable, more convenient, and more added functions and values, but this tendency naturally leads to some unwanted consequences of the products, such as suitable targets to theft. However, the social system (e.g., laws, justice agencies) usually simply reacts to the consequences of technological advancements pushed by industry and business. That is, technology proactively runs at the front, and the social system passively chases behind and (hopefully) fixes problems and challenges. In the era of Internet, the discrepancy between fast-growing Internet and information technology and the slow-reacting social system in the virtual space has created a cybergap in which crimes emerged (Huang and Wang, 2009). Explicitly, many more new digital IP are valuable targets with little to no meaningful guardians that trigger motivation of potential offenders in the cyberspace. The following section provides a description of IP theft and piracy. The discussion of IP and piracy in the present article is focused within the arena of those using digital technology, with an intention to chain several major dots of incidents.

Key Terms in this Chapter

Internet Piracy: Piracy that is conducted or facilitated by the Internet where unauthorized creative contents are distributed.

IP Theft: Stealing law-protected intellectual property that reflects creators’ ideas, inventions, or creative expressions, in tangible or intangible format.

Software Piracy: Unauthorized duplicating or distributing of copyrighted software with the intention to gain financially.

End User Piracy: The installation of the software onto computers or terminals exceeds the user license allows.

Reseller Piracy: When an individual or organization consciously produces multiple copies of the software with the intent of selling for profits.

Piracy: The unauthorized use or reproduction of works that belong to another individual(s) or entity for the purpose of financial gain.

Intellectual Property (IP): Copyrights, patents, trademarks, and trade secrets. Copyrights protect literary or artistic creation, ranging from books, articles, scripts, and audio and video recordings. Patents protect registered and determined inventions or discoveries that exclude others from making, using, offering for sale, or selling, and the examples include the composition of a new medication. Trademarks protect a companies’ name, products’ name, logos, slogans, or package designs. Trade secrets secure formulas, production procedures, and even business lists, and Coca Cola’s secret recipe is an example.

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