Sociological Perspectives on Media Piracy in the Philippines and Vietnam


Book Description

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government’s attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.




Sociological Perspectives on Media Piracy in the Philippines and Vietnam


Book Description

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the governmentĺls attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.




The Piracy Years


Book Description

The Piracy Years: Internet File Sharing in a Global Context is the first collection to provide an overview of digital piracy’s recent past and its potential futures. Combining research essays, interviews, and overviews, the volume brings together leading scholars and infamous digital pirates from China, Germany, the Netherlands, Nigeria, Russia, the United Kingdom, and the United States. In June 1999, the peer-to-peer (P2P) file sharing website Napster transformed the availability of online content, but the site was quickly sued into oblivion. Despite the highly publicised shutdowns of a number of P2P websites, many continue to thrive, and digital piracy has become a global phenomenon. This book argues that any future media theory and research will have to contend with such web practices remaining an integral and politically formative part of the Internet. Offline and online piracies thrive on technological affordances in opposition to corporate efforts – in music, film, publishing, and academia – to label them as threatening to the economy and society. Therefore, this book explores piracy as a phenomenon navigating the conventions, norms, and boundaries of legality in digital cultures. Pirate networked sociabilities work within and outside the fringes of market economy through the lens of institutional and discursive power. By creating new ways that keep society moving and from stagnation, they ensure its continued existence - including the survival of the very areas they attack. The Piracy Years is an essential resource for researchers, post-graduate students, and anyone interested in the global spread and ever-increasing importance of digital piracy.




Handbook of Intellectual Property Research


Book Description

"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --




Piracy and Intellectual Property in Latin America


Book Description

Piracy and Intellectual Property in Latin America is the first sustained effort to present an alternative framework for understanding piracy and contemporary challenges to global discourses on intellectual property (IP) in the Americas. While piracy might just look like theft and derivative reproduction from the perspective of many right-holders, the contributors to this volume go beyond this economic-driven logic and show how practices of copying are in fact practices of reinvention that reflect the rich social networks and forms of creativity, authorship, commerce, and consumption that characterize informal economies. From a perspective informed by contemporary scenarios in Mexico, Brazil, Chile, Argentina, Peru, Guatemala, and the United States, they engage in a discussion of alternatives that—predicated on the importance of protecting culture—allow for other ways of conceiving prosperity at local, national, regional, and global levels. Examples discussed include video games, clothing, trinkets, music, film, TV, and books. Designed to help understand the broader implications of IP and piracy for the field of Latin American studies, this book will be a major contribution to Global South studies, as well as to the growing bibliography on globalization, informal markets, and piracy.




Law, Normative Pluralism, and Post-Disaster Recovery


Book Description

This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country’s Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and ‘corrupt’ real estate developers and housing groups as largely contributing to the project’s deviation from the law’s proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.







Postmonolingual Critical Thinking


Book Description

Maintaining English as the sole language of knowledge production and dissemination in universities that enrol students who speak multiple languages, and those students learning other languages, is questionable. This groundbreaking work calls into question the exclusive use of academic English in internationalising higher education teaching and research. By interrogating the dominant assumptions informing the monolingual mindset, Postmonolingual Critical Thinking indicates that academically literate students can capably use their repertoires of languages and knowledge for educational purposes. The case for students’ languages and knowledge having a place in English-medium universities is made through evidence of the uses of Zhōngwén, academic Chinese. Proposing to broaden the scope of languages used for knowledge production and dissemination, this book highlights the educational potential of multilingualism. Postmonolingual Critical Thinking makes a unique proposal: that universities which recruit doctoral students from Asia create education policy practices that enable them to extend their multilingual capabilities. Arguing that by drawing on intellectual resources from their various languages, students construct knowledge of critical thinking in complex, interesting and potentially innovative ways, this book guides higher education institutions in putting this into practice. It outlines a pragmatic approach for universities to explore the potential of multipolar, multilingual education, while being attentive to the tensions posed by assertions of a monolingual mindset. Postmonolingual Critical Thinking has the potential to create great change in a higher education sector which is mired by a monolingual approach to graduate training. This unique and thought-provoking book is essential reading for those in the fields of applied linguistics, comparative education, higher education, international studies, teacher education and translation studies.




Oxford Handbook of Online Intermediary Liability


Book Description

To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.




Media Piracy in Emerging Economies


Book Description

Media Piracy in Emerging Economies is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia. Based on three years of work by some thirty five researchers, Media Piracy in Emerging Economies tells two overarching stories: one tracing the explosive growth of piracy as digital technologies became cheap and ubiquitous around the world, and another following the growth of industry lobbies that have reshaped laws and law enforcement around copyright protection. The report argues that these efforts have largely failed, and that the problem of piracy is better conceived as a failure of affordable access to media in legal markets.




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