Piracy

By: Group 1De Castro, Guion, Listano,

TobilloIII-Mg

What is Piracy?

Piracy is the unauthorized use or reproduction of copyrighted or patented material. It can also be referred to as infringement.

Where did Piracy originate?

• Film production’s cast and crew – sometimes given a DVD screener, which could fall into the hands of family and friends, who could copy or distribute the film.

• DVD copy of the feature film• Internet

Types of Piracy

• Software Piracy• Copyright Infringement• Patent infringement• Trademark Infringement• Pirate Radio• Pirated Movies

Software Piracy

• Software Piracy is the mislicensing, unauthorized reproduction and illegal distribution of software whether for business or personal use.

How to tell?A Certificate of Authenticity (COA) is a label

that helps you identify genuine Microsoft software. A COA is not a software license – it is a visual identifier that assists in determining whether or not the Microsoft software you are running is genuine. However, without it, you will not have a legal license to run Microsoft software. A COA should never be purchased by itself without the software it authenticates.

The Anti-Counterfeiting Act of 2003 makes it a criminal offense for dishonest resellers to distribute stand-alone COA labels.

Counterfeit Software

• Counterfeit software is the result of unauthorized copying, reproduction, or manufacture of software products. Counterfeit software often looks authentic and is sometimes distributed in packaging that imitates the original manufacturer's packaging.

Prevention• Get informed. Learn about the risks of

obtaining and using pirated software, and how you can avoid them.

• Get genuine. Insist on authentic software that delivers a genuine licensed experience.

• Report piracy. If you’ve been duped by a software counterfeiter, report it before he or she has the chance to victimize someone else.

• Get fully licensed and compliant. Implement Software Asset Management (SAM) across your organization to ensure you realize the full value of your software investment.

Copyright Infringement

• Copyright infringement is the illegal use of the copyrighted works of various people. This includes reproducing and creating derivative works.

Copyright Infringement

• Examples Include: - unlawful downloading of

copyrighted material and sharing of recorded music over the net

- distribution of bootleg recordings - copying text from internet sites

and posting it on another without the author’s permission

Prevention• There are various campaigns being conducted by

the government along with raids of stalls and main factories distributing unauthorized copies of copyrighted works. Also, included in original VCDs and DVDs are clips opposing piracy and stickers indicating their authenticity. Pirated materials are spreading at large since they provide access at very cheap costs. The prevention starts from everyone’s awareness and willingness to stop patronizing pirated copies. Everyone should go for the originals and acknowledge the authors in their years of painstaking effort.

Patent Infringement

• Patent infringement is the act of utilizing a patented invention without permission from the patent holder (in most cases permission is granted in the form of a license). It consists of the unauthorized making, using, offering for sale or selling of any patented invention.

Patent Infringement

• The extent of the protection of a patent invention is defined in its claims of the granted patent. This states what people are not allowed to do without the permission of the patent holder. This can also be possible in a country where the patent is enforced (patents are territorial). The scope of protection of each patent right can also vary from country to country since different patent offices in each country examine the invention.

Kinds of Patent InfringementA. Direct Infringement

- anyone who makes, uses or sells the patented invention.

B. Indirect Infringement - occurs when a device is claimed in a patent

and when a third party supplies a product which can only be reasonably used to make the claimed device.

C. Contributory Infringement - committed by knowingly selling or supplying

an item for which the only use is in connection with a patented invention.

Clearance Search

• A clearance search is a search done on issued patents or on pending patent applications to determine if a product or process infringes any of the claims of the issued patents or pending patent applications. These searches are often done by one or more professional patent searchers who are under the direction of one or more patent attorneys.

Clearance Opinion

• A clearance opinion is a legal opinion provided by one or more patent attorneys as to whether a given item or process infringes the claims of one or more issued patents or pending patent applications. This can be done in combination with a “validity and enforceability” opinion.

Patent Infringement Insurance

• The patent infringement insurance is an insurance policy provided by insurance companies that protects an inventor or third party from inadvertently infringing a patent.

• For inventors, it can cover their legal costs in case they have to sue an infringer to enforce their patent. For third parties, it can cover their legal costs in case they are used for patent infringement by an inventor.

Trademark Infringement

• Trademark infringement is the use of a trademark in connection with the sale of goods that is likely to cause confusion among the consumers as to the origin or the sponsorship of the related goods. However, if the goods that have similar marks are totally unrelated products, then it is not considered as trademark infringement.

Trademark Infringement

Factors the court considers in deciding whether consumers are to be confused:

• Strength of the mark• Proximity of the goods• Similarity of the marks• Evidence of actual confusion• Similarity of the marketing channels used• Degree of caution exercised by typical

purchaser

Pirate Radio

• Pirate radio is a term usually used to describe illegal or unregulated radio transmissions broadcasted in violation of the laws of the country it is aired.

Pirated Movies

• Pirated movies are movies that not copyrighted which are sold, distributed and reproduced.

Making pirated movies

• Camcorder in cinemas• Copy from an unfinished version of

a film produced by the studio

Actions against pirated movies

• The CAP (Coded Anti-Piracy) is an anti-piracy (anti-copyright infringement) technology which marks each film print of a motion picture with a distinguishing patter of dots, used as a forensic identifier to identify the source of illegal copies.

Electronic Commerce Act• Sec. 33. Penalties (b) Piracy or the unauthorized copying, reproduction,

dissemination,distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making  available to the public, or broadcasting of protected material, electronicsignature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works,through the use of telecommunication networks, such as, but not limitedto, the internet, in a manner that infringes intellectual property rights shallbe punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;

Agencies Involved

• PAPT - Pilipinas Anti-Piracy Team - Composed of the following agencies: a) NBI (National Bureau of Investigation) b) OMB (Optical Media Board) c) PNP (Philippine National Police) - launched in 2005 - partner organizations: a) BSA – Business Software Alliance b) IP Coalition

International Legislation

• World Intellectual Property Organization Copyright Treaty

• United International Bureaux for the Protection of Intellectual Property

• Berne Convention• Agreement on Trade-Related Aspects

of Intellectual Property Rights

Suggestions

• We must not support pirated products by purchasing them, because if nobody does so, people would be discouraged on making those things.

• More advertisements and commercials should be done about the bad effects of piracy to make the people more aware.

Sources

• http://inventors.about.com/library/weekly/aa052497infringers.htm

• http://en.wikipedia.org/wiki/Patent_infringement

• http://www.papt.org.ph/