MacNeill (2016)

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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

MacNeill (2016)
Title: Torrenting Game of Thrones-So wrong and yet so right
Author(s): Kate MacNeill
Year: 2016
Citation: MacNeill, Torrenting Game of Thrones-So wrong and yet so right (2017), Convergence: The International Journal of Research into New Media Technologies, Volume 23, Issue 5, p.545-p.562. Available at https:http://journals.sagepub.com.ezproxy.lib.gla.ac.uk/doi/pdf/10.1177/1354856516640713
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Cross Country Study?: No
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Abstract

"This article examines the views expressed by Australians relating to unauthorized digital access to the popular HBO series Game of Thrones. A detailed analysis is undertaken of the online responses to a 2013 Facebook post by the United States Ambassador to Australia, chastizing Australians for their ‘illegal’ behaviour. This analysis is used to critique the dominant framing of the activities of filesharing, torrenting and unauthorized downloading as criminal and those involved in the activity as being influenced by sociological factors. In contrast, the research found that many of the justifications for these behaviours contained in the Facebook comments demonstrated an informed critique of the market mechanisms at work in the distribution networks."

Main Results of the Study

  • It appears that the unauthorized downloading and enjoyment of copyright-protected content has become a part of ‘everyday practice.
  • Framing of unauthorized downloading within models of criminality is not a productive way of understanding the dynamics of downloading.
  • Unauthorized downloading is viewed by many as an ethical act of rebalancing within an otherwise distorted market.


Policy Implications as Stated By Author

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)
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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