Pirate Bay Case Study

Improved Essays
The weak copyright legislation is one of the reasons of digital piracy appearance. Enforcement mechanisms and regulations play significant role in terms of controlling the spread of illegal material. To demonstrate its role the comparison of legislations of two countries has been done, where one country has strong legislation and other country, which legislation needs to be improved.
China represents country with comprehensive and strict rules against digital copyright infringement. It requires following:
1. “Web sites that share video files to have permits and be controlled by the state or owned by state
2. These permits last for three years and will need renewal.
3. The web sites that violate any rules will be subject to a 5-year ban
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4. LESSONS LEARNT
The analysis of The Pirate Bay case represents a great approach to learn such concepts as peer-to-peer sharing, digital piracy, allowed us to look at the problem of digital piracy from ethical perspective and observe how legislation of different countries is trying to solve this problem.
First of all, it was found that the pirate bay operation model, which is based on a peer-to-peer (P2P) transmission service have two significant advantages: 1) there is no risk of inability of users to access files, because many users share the same files, the information is always accessible; 2) “users have control over their experience and are able to share anything they want with any modifications they choose” (Ploman,
…show more content…
The peer-to-peer network is not directly stealing any material, neither its users, besides that the model of operation of this network implies “sharing”, not stealing. “The unlawfulness of the file sharing is perceived as “ethical” as there normally are no monetary reasons behind the content exchange” (Ploman, 2010). Furthermore, it was observed that several factors such as culture, mentality, level of lacking of education and pricing stimulate the spread of piracy. Therefore, to eliminate the occurrence of piracy the preventive actions should be taken such as educating children about intellectual property rights and the consequences of violating these rights.
Forth, the analysis of legislation protection against digital piracy has shown that many countries have realised in order to solve the problem of digital piracy they need to cooperate to implement effective laws. Moreover, it has been noticed that “countries with strong copyright protection legislation tend to show lower rates of copyright infringement, however the pirates are quick to move to a jurisdiction with weak enforcement mechanisms” (Ploman,

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