Friday, January 6, 2023

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Anti-Piracy Group Warns of a Problematic Textbook Piracy Culture Among Students
Ernesto Van der Sar, 06 Jan 12:44 PM

copyright lawFree access to information is a broadly held ideal, but when students have to pay for their textbooks, it's far from reality.

Getting a proper education certainly isn't cheap. As a result, many students have found shortcuts in pirate sites such as Libgen and Z-Library.

In addition, pirated books are also regularly shared between students or resold through online marketplaces. The latter can lead to a lucrative revenue stream, but certainly not without risk.

Textbook Pirate Convicted

Yesterday a 26-year-old Danish man was convicted in a criminal case, following an investigation by anti-piracy group Rights Alliance. The man was found guilty of offering 29 textbook pdfs for sale through local online marketplace DBA.

While a criminal conviction doesn't look good on one's resume, the textbook seller won't have to serve a custodial sentence. Instead, the court issued a 10-day suspended prison sentence.

On top of the probation period, the man was also ordered to pay 5,000 Danish kroner (~$700) in compensation to Rights Alliance, while 2,245 kroner (~$310) were confiscated.

Rights Alliance is pleased with the deterrent message sent by this criminal conviction. While the punishment may not scare hardened criminals, it confirms that selling pirated textbooks is a crime.

Piracy Culture in Education

Rights Alliance director Maria Fredenslund welcomes the outcome while stressing that more must be done to change the 'unhealthy' pro-piracy culture among students.

Last year, a student survey found that nearly half of all students who use digital textbooks get their copies through illegal means.

"Unfortunately, we see an unhealthy culture in higher education, where every other student has acquired study books illegally. This means that a large part of Denmark's youth is willing to break the law," Fredenslund says.

Piracy Beats Legal Options

Most students are well aware that selling and pirating books is against the law. However, 68% still find it acceptable to share digital textbooks with friends or other students.

This type of sharing isn't a fad; it appears to be ingrained in the educational culture. The chart below shows that piracy is by far the most common method to obtain digital textbooks, beating legal options.

textbook sharing medthods

Rights Alliance is calling for a thorough culture change and is actively engaging with educational institutions to see what can be done. The anti-piracy group has already launched some informational campaigns, but they failed to produce the desired outcome.

Culture Change?

This week's conviction of the textbook seller is not the first. Similar suspended prison sentences have been handed down in previous Danish textbook piracy cases.

Rights Alliance says it is important to confirm that these activities are illegal. However, as the survey showed, most students are already well aware of the legal angle, but continue to share textbooks nonetheless.

It seems that the high cost of textbooks is a major driver of this activity, but there are indications that prices will fall. On the contrary, widespread piracy could make textbooks even more expensive, effectively creating a vicious piracy cycle.

Pia Vigh, Head of the Secretariat for Danish Education Publishers, hopes that the broader educational system will put the piracy issue on the agenda. If not, it may become increasingly expensive to publish Danish textbooks.

"The management, lecturers, and tutors must take responsibility and make the students understand that it ultimately affects themselves, their professionalism and their study environment if they share study books illegally," Vigh says.

The question is whether students can be convinced that copyright and their study environment are more important than their own wallets.

From: TF, for the latest news on copyright battles, piracy and more.

MPA & RIAA Deployed 60+ Lobbyists in 2022, Piracy Top of The Agenda
Andy Maxwell, 05 Jan 07:49 PM

agreementA quote attributed to former UK Prime Minister Winston Churchill suggests that democracy is actually the worst form of government – except for all the others.

It's a depressing take on the political gold standard, but the full quote adds more nuance. Churchill said that when the people elect ministers and express their needs to them, those in power are shaped, guided, and controlled as servants of the people – not their masters.

People in the multi-billion dollar lobbying industry couldn't agree more.

Down the Lobbying Rabbit Hole

At this very moment, a GoFundMe campaign launched by the Concept Art Association has the primary goal of raising $270,000. The campaign hopes to pay a lobbyist $187,500 to "educate government officials and policymakers" on a new threat to the creative industries – AI-generated artwork.

At the time of writing, the campaign has raised $203,300, enough to retain a lobbyist for a whole year. The Concept Art Association says that some of the money will go to the Copyright Alliance, which already lobbies the government on behalf of its own members. Some recently expressed concerns that AI-generated works collide with copyright law.

RIAA Lobbying – AI, DMCA, Piracy and Beyond

Other members of the Copyright Alliance include the RIAA, which recently reported several AI-music mixing platforms to the United States Trade Representative, hoping to have them listed as upcoming threats in the USTR's 'Notorious Markets' report.

According to a 2022 lobbying disclosure report, RIAA lobbyists raised AI as an issue with the government. Other issues included the Notorious Markets report, intellectual property 'theft' in general, enforcement of IP law, issues related to the DMCA, and proposals related to technical measures, aka content filtering.

riaa-lobbying1

According to OpenSecrets data covering the period January 2022 to end September 2022, the RIAA appeared in 15 government lobbying reports with a total declared lobbying expenditure (covered by its associates) of almost $5.4 million.

The last time the RIAA spent more was back in 2018, and before that, 2011.

riaa-lobbying2

Pfizer (17), Intel (18), and Comcast (18) appeared in more copyright, patent and trademark-related lobbying reports than the RIAA. None could match the 24 reports that pushed PhRMA, the Pharmaceutical Research & Manufacturers of America, to the top of the lobbying list, but in third place overall, the MPA wasn't too far away.

MPA Lobbying – From Copyright to Z

According to reports compiled by Open Secrets, the MPA lobbied on 22 separate issues between January and the end of September 2022.

Copyright, Patent and Trademark reports featured the MPA ten times, Trade seven times, with Defense, Disaster and Emergency Planning, and Immigration chalking up two each.

Specific lobbying issues included illicit streaming devices, technological protection measures, right to repair, voluntary initiatives regarding content protection, and others related to the internet – domain names, ICANN accountability, WHOIS, and domain abuse.

mpa-lobbying-1

The MPA sent lobbyists to the Executive Office of the President, the State Department, Department of Justice, Homeland Security, the House of Representatives, the National Security Council, and the Senate.

The Department of Commerce also makes an appearance in connection with the MPA's efforts to weave piracy issues into the cybersecurity order.

The Office of the United States Trade Representative appears in several reports, at least in part linked to the MPA's Special 301 and Notorious Markets submissions. In fact, no other entity in the United States appeared in more USTR-related lobbying reports than the MPA.

mpa-ustr-lobbying

Overall, lobbying expenditure of $2.57m was attributed to members of the MPA, roughly half of the RIAA's $5.4 million. Both deployed 32 lobbyists each and, as always, the 'revolving door' was in full effect.

The Revolving Door

When government regulators, Congressional staff, or individual members of Congress take on new jobs with lobbying firms or private sector organizations (in some cases, those they used to oversee), Open Secrets lists those people as 'revolvers'. The term also covers 'reverse revolvers' – people who leave the private sector to work in government.

Of the 32 lobbyists deployed by the MPA, 71.88% (23) are listed as revolvers. Out of 32 lobbyists deployed by the RIAA, 78.13% (25) received the same label.

RIAA Chairman and CEO Mitch Glazier previously served as Chief Counsel for Intellectual Property to the Judiciary Committee in the U.S. House of Representatives and according to his bio, has "worked on every major copyright bill considered in the past three decades."

RIAA COO Michele Ballantyne previously worked as Special Assistant to President Bill Clinton while Chief Content Protection Officer Brad Buckles was head of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

MPA Chairman and CEO Charles Rivkin served as Assistant Secretary of State for Economic and Business Affairs. Patrick Kilcur, Executive Vice President of U.S. Government Affairs, served in the United States Senate and was named by The Hill as a "Top Lobbyist" in 2018 and 2019.

Revenues and Tax

The RIAA reported revenues of $28,132,459 in 2020, less than half of the MPA's $62,895,695. Since 1953 and 1950 respectively, both the RIAA and MPA have enjoyed tax-exempt status.

The MPA still lobbied the government on tax issues in 2022 because, quite frankly, it would be madness not to, especially given overseas competition these days.

It's a bit of a complex system for ordinary people to grasp but when the movie industry pays less tax, in part thanks to schemes like these, not only do more films get made, but ordinary taxpayers get an opportunity to help fund films, pay to watch them when they come out, and pay sales tax on top.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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