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Latest revision as of 09:28, 7 October 2019


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1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Gunter (2009)
Title: Internet Scallywags: A Comparative Analysis of Multiple Forms and Measurements of Digital Piracy
Author(s): Whitney D Gunter
Year: 2009
Citation: Gunter, W.D. (2009) Internet Scallywags: A Comparative Analysis of Multiple Forms and Measurements of Digital Piracy. Western Criminology Review10(1):15-28.
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Data were obtained from 513 survey respondents, consisting of undergraduate students from a US public university. Dependent variables measured the participants’ involvement in piracy against the two independent variables (peer activity and parental support) and two deterrent variables (punishment certainty and punishment severity).
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 2006
Funder(s):

Abstract

“Internet-based digital piracy has recently become a widespread occurrence. Despite this growth, few studies have attempted to apply criminological theory to the crime. This study tests the explanatory power of two criminological theories, general deterrence and differential association, on Internet piracy of music, software and movies. Data used in this study were collected from 541 undergraduate college students from a mid-Atlantic university. Separate models were estimated for willingness to and involvement in digital piracy. The results show that variables derived from differential association theory, such as peer activity and parental support, as well as several control variables including gender, connection speed, income, and place of residence, are predictive of digital piracy. Distinctions between willingness and actual involvement are discussed. Implications for future research and potentially more effective prevention strategies are also addressed.”

Main Results of the Study

Piracy behaviours are more likely when users have consistent association with peers who participate in piracy themselves and parental approval of this behaviour. By contrast deterrence measures against piracy are not effective where punishment is perceived as unlikely and weak.

The study suggests that not all types of piracy are equal, with substantive differences between effects of control variables in music, software and movies. Punishment certainty, university major and class year and their effect on determining piracy behaviours have high variability between these industries. The study suggests that this is indicative that further, industry-specific empirical research is required to substantiate these findings.

The study also questions how previous studies have used willingness as a proxy for involvement in piracy behaviours. The study finds that where this is the case, willingness tends to overestimate the effect of certain variables (e.g. by increasing the effect of differential association on music piracy from 11.6% - 29.6%).

Policy Implications as Stated By Author

The study highlights the importance of differential association in determining piracy behaviours, particularly association with peers and family who either participate in the behaviour or approve of it. Though it is difficult/impossible to prevent association with deviant peers, the study suggests that educational programmes on ethical aspects of piracy may combat these social environments. As deterrence effects are very limited unless punishment is likely and severe, the study cautions that drastic policy changes would be needed in order to achieve this.



Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets