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EU actions against online music piracy. How far can they go?
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EU actions against online music piracy. How far can they go?

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This is a draft version of the presentation for the course of Political Business Strategy.

This is a draft version of the presentation for the course of Political Business Strategy.

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  • 1. Presentation PBS 2009 - 2010
    EU actions against online music piracy: how far can they go?
    Koen DE BOOSER
    Kristien DENTENEER
    Sam KINDS
    Dorien MEEUS
    Kwan Jau SIU
    Ward VAN DE VELDE
  • 2. History of online music piracy
  • 3. History of issues and products
    vs
    2000
    2001 IFPI’sSongBird tracks Napster
    2000 - 2001
    2005
  • 4. History of online sharing
    Peer to Peer technology
  • 5. EU legislation on piracy
  • 6. EU legislation on piracy
    • Piracy in general
    • 7. Not internet specific
  • EU legislation on piracy
    • October 1998: Green Paper
    • 8. April 2004: Directive
     Same level of protection in the entire European internal market
  • 9. EU legislation on piracy
    2008: European Anti-piracy Plan
    • Fight more effectively
    • 10. Observatory
    • 11. Communicate with actors
    • 12. Awareness-raising activities
  • EU legislation on piracy
    • Enforcement of existing laws
    • 13. Cooperation
    • 14. Viviane Reding
    • 15. Neelie Kroes
  • EU legislation on piracy
    2009:
    • Member states: own laws
    • 16. EU: Internet ban not an option
     privacy!
  • 17. France
    • Hadopi law: ‘3-strike’ procedure
    • 18. After two warnings, disconnection of Internet
    • 19. Punishment implemented by a judge
  • 20. United Kingdom
    • Similar procedure as France
    • 21. Internet service providers (ISPs) will be legally required to take action and disconnect Internet users
  • The Netherlands
    • Downloading music and movies currently legal
    • 22. Government wants to make it illegal, under the condition that the music industry provides alternatives
    • 23. Not punish individual downloaders but websites and firms that offer these illegal files
  • EU legislation on piracy
    End of 2009:
    • Pressure member states
    • 24. EU U-turn
    • 25. Ban under certain conditions
  • How does the creative industry cope with piracy?
  • 26. Creative industry
    • Musicians
    • 27. Metallica v. Napster
    • 28. Radiohead: free album
    Consequences
    Fame
    Live performance
    Record sales
  • 29. Consequences
    Record sales
    Abundant
    Creative industry
  • 34. Official institutions helping the creative industry in their fight against piracy
  • 35. International: IFPI= International Federation of the Phonographic Industry
    • Mission:
    • 36. Promoting the value of recorded music
    • 37. Safeguarding the rights of record producers
    • 38. Expanding commercial uses of recorded music
    • 39. Affiliated with RIAA
    • 40. Development of the legal infrastructure for the electronic music market
  • IFPI: anti-piracy
    • Strategy: 3 major objectives:
    • 41. Preserve local culture
    • 42. Fight against organized crime
    • 43. Encourage growth of investment and jobs
    • 44. Litigation works: consumer attitudes are changing
    • 45. Cooperation of ISPs
    • 46. Business partners of the future
    • 47. Example: 2008 Eircom
    • 48. Governmental actions
    • 49. negative effects of piracy for the governments
  • National: SABAM (Belgium)= Sociétéd’AuteursBelge - BelgischeAuteursMaatschappij
    • Belgian association of authors, composers and publishers
    • 50. SABAM vs. Tiscali
    • 51. Tiscali (ISP): deny access to sites offering illegal music
    • 52. Set an example to all Internet providers in Belgium
    • 53. Court of first instance: expert
    • 54. block the access to P2P networks = feasible?
    • 55. technical solutions --> feasible!
    • 56. blocking all P2P networks (= drastic)
    • 57. filtering technique
    • 58. customer organizations (such as Tik vzw) are against:- decline in speed- privacy issues
  • National
    • BAF = Belgian Anti-piracy Federation
    • 59. dual approach:
    • 60. organize information campaigns
    • 61. undertake legal actions against pirates
    • 62. BEA = Belgian Entertainment Association
    • 63. a cooperation agreement with BAF and SABAM
    • 64. Stichting Brein (Dutch)
    • 65. investigates online and offline piracy
    • 66. takes civil actions
    • 67. provides information and expertise
    for legal actions by legal authorities
    • cooperates with MPA and IFPI
  • The distribution industry
  • 68. Legal distribution
    Pay for album and MP3
    Device specific
    Pay for web applications
  • 69. Legal distribution
    Pay for subscription
    For free and for a small fee, to reach a large public
  • 70. Grey zone
  • 71. Illegal distribution
  • 72. The consumer
  • 73. Questions treated
    • Which consumers are especially involved in downloading illegal music?
    • 74. Why do illegal downloaders engage in such a behavior?
    • 75. In what way do illegal downloaders get there music files?
    • 76. Potential solutions regarding illegal downloading and sharing (from consumer’s point of view)?
  • Which consumers are especially involved in downloading illegal music?  
    • (hierkomtnogmijndeel)
  • Why do illegal downloaders engage in such a behavior?
  • 77. In what way do illegal downloaders get there music files?
  • 78. Potential solutions regarding illegal downloading and sharing (from consumer’s point of view)?
  • 79. Different groups: different opinions
     everybody wants what is best forhim/her
    Government: matching all thisneeds in policy
     utopia...
    Involvedpartiesshouldgive in ontheir claims
    Conclusion: Howfarcanthey go?
  • 80. Howfarcanthey go?
    Possiblesolution: incentivesforlegaldownloading
    Easilyaccessible platforms
    Reasonableprices
    Goodquality
    Safe files
    EU has not yet gone far enough in its
    actions against Internet piracy...