Part IV: Piracy and Hacking

THE INTERNET IS FOREVER

WHAT IS PIRACY?1. An act of robbery on the high

seas; an act resembling such robbery.

2. Robbery on the high seas. 3. The unauthorized use of

another's production, invention, or conception especially in infringement of a copyright

4. The illicit accessing of broadcast signals.

WHAT IS A COPYRIGHT?

• Legal concept for protecting expressions of ideas.

• Protected idea must be original.

• Does not protect titles, symbols, short phrases, or names that indicate source of goods (i.e. Tide, iPhone, Kodak – these are trademarks)

What can be copyrighted?• Examples– Books– Music– Television– Art– Photographs

songsart

booksmovies

HOW LONG DOES A COPYRIGHT LAST?

• A copyright begins as soon as the work is created.

• A copyright is owned by the author for his or her whole life plus 70 years.

• When the copyright expires, everyone is free to copy and enjoy the work.

EXCLUSIVE RIGHTS FOR COPYRIGHT OWNERS

• Make copies/reproduce work.

• Distribute copies of work.

• Publicly perform work.

• Publicly display work.

HOW CAN I TELL IF SOMETHING IS COPYRIGHTED?

• If you see the copyright symbol, you know there is a claim of copyright.

• If you see an FBI warning, you know there is copyright protection.

• Absence of the notice is not permission to copy.

©

WHY IS IT WRONG TO COPY AN ARTIST’S WORK WITHOUT PERMISSION?

CONSEQUENCES OF PIRACY

•Cancellation of your family’s internet account.•Fines.•Jail.

Brianna LaHara’s Story• 12 year old honors

student.• Downloaded music from

Kazaa.• Her mother paid for

Kazaa, so she thought it was ok.

• She was sued, and her mother settled the case for $2,000 and an apology.

Jammie Thomas-Rasset• Mother of four in Minnesota.• She was accused of downloading

24 songs from Kazaa.• Jammie told the Court that she

did not download the songs.• At the conclusion of her second

trial, she was fined 1.9 million dollars or $62,500 per song.

• It would have cost $24 to legally download the 24 songs on iTunes.

Fredrik Neij, Gottfrid Svartholm, and Peter Sunde

• The Pirate Bay was a website that helped people throughout the world steal copyrighted material.

• The website was closed, and the founders of Pirate Bay website were sentenced to jail time and ordered to pay 6.7 million dollars.

ANTI-PIRACY TECHNOLOGY

• Microsoft, Sony, Nintendo, and others have security technologies that prevent people from illegally copying their games and videos.

• These technologies are sometimes referred to as digital rights management or “DRM”.

• It is illegal to use a technology or a program of any kind to get around or avoid the anti-piracy protections on DVDs, CDs, games, etc.

Example of Illegally Going Around DRM Technology

• Pirates may add a “modchip” to their video game consoles such as Playstation or Xbox.

• These modchips void the technologies that protect against illegal copying, region coding, and other digital rights management.

• Courts have found those who sell modchips responsible for violating federal laws.

• Sony Computer Entertainment America v. Divineo, Inc., 457 F. Supp. 2d 957 (N.D. Cal. 2006)

PIRACY AND APPS

• Pirates use websites to distribute “cracked apps,” in other words, smart phone or tablet applications that have been reconfigured to allow unlimited copying.

• Using these pirated apps normally requires “jailbreaking” the iPhone or other smart phone and downloading Cydia.

• The sites used by pirates are always changing because they are often shutdown my law enforcement.

• Pirating apps is against the law and has the same penalties as copying music.

Anti-Piracy Technology

• Internet service providers (ISP) help movie and record companies identify piracy by tracking internet usage.

• Using your internet protocol address, the ISP can figure out where you live and what you have downloaded.

• Your ISP may cancel your family’s account if it suspects internet piracy.

HOW IS DOWNLOADING A SONG WITHOUT THE ARTIST’S PERMISSION SIMILAR TO

SHOPLIFTING A CD OR SNEAKING INTO A MOVIE WITHOUT A TICKET?

EXAMPLES OF WEBSITES OR METHODS FOR PIRACY

Examples of Places to Legally Download or Stream Works on the Internet

“FAIR USE” IN COPYRIGHT LAW• Generally, when using a copyrighted work for educational

and not-for-profit purposes it is okay to use a copy.• Four considerations are balanced to determine if it is fair

to use a copy without paying for the copyrighted work.1. The purpose of making the copy. (Is it for a commercial

good or for educational purposes?)2. The nature of the work. (Has the work been published? Is

it non-fiction or fiction?)3. The amount of the work used. (Was there only one

paragraph in a twenty page paper copied?)4. The effect on the potential market for the work. (Does

copying the work reduce the likelihood someone will pay for the work?)

WHAT IS HACKING?• To gain access to a computer

illegally.• Guessing email and Facebook

passwords is a form of hacking.

Sarah Palin’s Email Hacked

• In 2008, David Kernell, a 24 year old college student guessed the email password of Sarah Palin.

• He took her emails and distributed them without her permission.

• He was convicted of unauthorized access to a protected computer and destroying records to impede a federal investigation.

• He served 11 months in jail.

Florida man hacks celebrity emails

• Christopher Chaney, a 35 year old Florida resident, hacked the email accounts to Scarlett Johansson, Christina Aguilera, and Mila Kunis.

• In 2012, he plead guilty to nine felony counts including unauthorized access to a computer and wiretapping.

• He faces up to 60 years in prison.• He guessed the celebrities’ email

passwords by studying their life in magazines and twitter.

• Remember to protect yourself from hackers by using secure passwords.

Hacking Facebook Accounts

• In 2010, a California teen received a text message with a classmate’s email password.

• He logged into her email and changed her Facebook password.

• He then changed her profile description, sent messages to male classmates, and posted on her wall in a vulgar manner.

• He was charged with identity theft.• He was found guilty and put in juvenile detention.

CONCLUSIONS

• Piracy and hacking are illegal and can result in punishment from your school, your parents and even the police.

• What that we talked about today did you already know?

• What didn’t you already know?• What shocked you?• What would you want to tell someone else?