16 Not Necessarily an Intervention: The Pirate Bay and the Case of File-Sharing

2016 ◽  
Keyword(s):  
2013 ◽  
pp. 1144-1161
Author(s):  
Johnny Nhan ◽  
Alesandra Garbagnati

Ongoing skirmishes between mainstream Hollywood entertainment conglomerates and Peer-to-Peer (P2P) file-sharing networks recently reached a crescendo when a Swedish court convicted members of the world’s largest BitTorrent, The Pirate Bay, and handed out the stiffest sentence to date.1 Four operators of The Pirate Bay received one year imprisonments and fines totaling $30 million, including confiscation of equipment. While this verdict sent shockwaves amongst P2P networks, piracy remains rampant, and this incident further exacerbated relations between file sharers and Hollywood. In retaliation, supporters of P2P file-sharing attacked websites of the law firms representing the Hollywood studios (Johnson, 2009). This victory by Hollywood studios may be a Pyrrhic defeat in the long run if the studios do not soften their antagonistic relations with the public. This chapter explores structural and cultural conflicts amongst security actors that make fighting piracy extremely difficult. In addition, it considers the role of law enforcement, government, industries, and the general public in creating long-term security models.


2021 ◽  
Author(s):  
Fenwick McKelvey

Code politics investigates the implications of digital code to contemporary politics. Recent developments on the web, known as web2.0, have attracted the attention of the field. The thesis contributes to the literature by developing a theoretical approach to web2.0 platforms as social structures and by contributing two cases of web2.0 structurations: Drupal, a content management platform, and The Pirate Bay, a file sharing website and political movement. Adapting the work of Ernesto Laclau and Chantal Mouffe on articulation theory, the thesis studies the code and politics of the two cases. The Drupal case studies the complex interactions between humans and code, and addresses how Drupal functions as an empty platform allowing its users to reconstitute its digital code. The Pirate Bay case demonstrates how a political movement uses code as part of their political platform. Not only does the group advocate file sharing, they allow thousands of people across the world to share information freely. At a time, when most web2.0 platforms act as forces of capitalism, the two cases demonstrate alternative, commons-based structurations of web2.0.


Author(s):  
Johnny Nhan ◽  
Alesandra Garbagnati

Ongoing skirmishes between mainstream Hollywood entertainment conglomerates and Peer-to-Peer (P2P) file-sharing networks recently reached a crescendo when a Swedish court convicted members of the world’s largest BitTorrent, The Pirate Bay, and handed out the stiffest sentence to date.1 Four operators of The Pirate Bay received one year imprisonments and fines totaling $30 million, including confiscation of equipment. While this verdict sent shockwaves amongst P2P networks, piracy remains rampant, and this incident further exacerbated relations between file sharers and Hollywood. In retaliation, supporters of P2P file-sharing attacked websites of the law firms representing the Hollywood studios (Johnson, 2009). This victory by Hollywood studios may be a Pyrrhic defeat in the long run if the studios do not soften their antagonistic relations with the public. This chapter explores structural and cultural conflicts amongst security actors that make fighting piracy extremely difficult. In addition, it considers the role of law enforcement, government, industries, and the general public in creating long-term security models.


Author(s):  
Neil Weinstock Netanel

Copyright markets are global in scope. U.S.-based copyright industries (some of which are multinational conglomerates) earn a significant share of their revenues from exports. Social media also transcend national borders. So do notorious file-sharing sites like Pirate Bay. United States copyright industries complain bitterly that...


2019 ◽  
pp. 305-329
Author(s):  
Andrew Murray

This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (the Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s. 97A website blocking orders. It examines the recent Supreme Court decision in Cartier International v British Sky Broadcasting which will have substantial implications for costs in these orders. Finally, it describes the slightly controversial process known as speculative invoicing.


2016 ◽  
Vol 5 (2) ◽  
pp. 176-200 ◽  
Author(s):  
Niklas Elert ◽  
Magnus Henrekson ◽  
Joakim Wernberg

Purpose – Evasive entrepreneurs innovate by circumventing or disrupting existing formal institutional frameworks. Since such evasions rarely go unnoticed, they usually lead to responses from lawmakers and regulators. The paper aims to discuss this issue. Design/methodology/approach – The authors introduce a conceptual model to illustrate and map the interdependencey between evasive entrepreneurship and the regulatory response it provokes. The authors apply this framework to the case of the file sharing platform The Pirate Bay, a venture with a number of clearly innovative and evasive features. Findings – The platform was a radical, widely applied innovation that transformed the internet landscape, yet its founders became convicted criminals because of it. Originality/value – Applying the evasive entrepreneurship framework to this case improves the understanding of the relationship between policymaking and entrepreneurship in the digital age, and is a first step toward exploring best responses for regulators facing evasive entrepreneurship.


2021 ◽  
Author(s):  
Fenwick McKelvey

Code politics investigates the implications of digital code to contemporary politics. Recent developments on the web, known as web2.0, have attracted the attention of the field. The thesis contributes to the literature by developing a theoretical approach to web2.0 platforms as social structures and by contributing two cases of web2.0 structurations: Drupal, a content management platform, and The Pirate Bay, a file sharing website and political movement. Adapting the work of Ernesto Laclau and Chantal Mouffe on articulation theory, the thesis studies the code and politics of the two cases. The Drupal case studies the complex interactions between humans and code, and addresses how Drupal functions as an empty platform allowing its users to reconstitute its digital code. The Pirate Bay case demonstrates how a political movement uses code as part of their political platform. Not only does the group advocate file sharing, they allow thousands of people across the world to share information freely. At a time, when most web2.0 platforms act as forces of capitalism, the two cases demonstrate alternative, commons-based structurations of web2.0.


2010 ◽  
Vol 13 ◽  
pp. 20-25
Author(s):  
Kenya Murayama ◽  
Thomas Taro Lennerfors ◽  
Kiyoshi Murata

In this paper, we examine the ethico-legal issue of P2P file sharing and copyright infringement in two different countries – Japan and Sweden – to explore the differences in attitude and behaviour towards file sharing from a socio-cultural perspective. We adopt a comparative case study approach focusing on one Japanese case, the Winny case, and a Swedish case, the Pirate Bay case. Whereas similarities in attitudes and behaviour towards file sharing using P2P software between the two countries are found in this study, the Swedish debate on file sharing has been coloured by an ideological and political dimension, which is absent in the Japanese context. This might indicate that Swedes have been more interested in issues of right and wrong, and the creation of political subject of piracy, while the Japanese are more interested in their own individual well being.


2011 ◽  
Vol 7 (5) ◽  
pp. 16-21
Author(s):  
G.V. Poryev ◽  
Keyword(s):  

Author(s):  
N. Lavanya ◽  
M. Balakrishna

Network coding is a data transmission technique which allows intermediate nodes in a network to re-code data in transit. In contrast to traditional network communication where a node repeats incoming data to its outgoing channel without modifying the payload, a node implementing network coding not only repeats but also alters data. Network coding has been demonstrated to increase network throughput compared to the traditional forwarding transmission. It has potentially broad applications in many areas, including traditional computer networks, wireless ad-hoc networks, and peer to peer systems. This paper process a new technique for file sharing in P2P.


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