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The Pirate Bay (TPB), a Swedish Web site (Piratebay.org), is one of the world’s most popular pirated music and content sites, offering free access to millions of copyrighted songs and thousands of copyrighted Hollywood movies. In June 2011, The Pirate Bay reported that it had about 5 million registered users, and 25 million non-registered users (so-called “free riders”). To put that number in perspective, consider that it is nearly three times the population of Sweden itself (9 million). The Pirate Bay is regularly in the top 100 most popular Web sites in the world, and reaches 1% of the global Internet popula- tion, according to Internet analysts in 2011. In Sweden, Norway, and the Netherlands, it often ranks as one of the top 10 sites. This despite the fact that TPB has been subjected to repeated legal efforts to shut it down. It bills itself as “the world’s most resilient bittorrent site.” But the battle is far from over. The Internet is becoming a tough place for music and video pirates to make a living in part because of enforce- ment actions, but more importantly because of new mobile and wireless technologies that enable high-quality content to be streamed for just a small fee. First some background. The Pirate Bay is part of a European social and political movement that opposes copyrighted content and demands that music, videos, TV shows, and other digital content be free and unrestricted. In the words of the Pirate Party, “the Pirate Bay is a unique platform for distributing culture between regular people and independent artists, and that’s something we want to preserve.” In a unique twist on prior efforts to provide “free” music, The Pirate Bay does not operate a database of copyrighted content. Neither does it operate a network of computers owned by “members” who store the content, nor create, own, or distribute software (like BitTorrent and most other so-called P2P networks) that permit such networks to exist in the first place. These were the old techniques for ripping off music. Instead, The Pirate Bay simply provides a search engine that responds to user queries for music tracks, or specific movie titles, and generates a list of search results that include P2P networks around the world where the titles can be found. By click- ing on a selected link, users gain access to the copyrighted content, but only after downloading software and other files from that P2P network. Voila! “No body, no crime.” The Pirate Bay just links its users to stolen media files. What could be illegal? The Pirate Bay claims it is merely a search engine provid- ing pointers to existing P2P networks that it does not itself control. It claims that it cannot control what content users ultimately find on those P2P networks, and that it is no different from any other search engine, such as Google or Bing, which are not held responsible for the content found on sites listed in search results. From a broader standpoint, The Pirate Bay’s founders also claim that ...
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Copyright And Ethics On The Internet1
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By Maryanne Neill
National University January 2008 Copyright and Ethics on the Internet
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Illegal and Unethical
Behavior on the Web
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