Piracy Protection for Entertainment Venues
Business Law 1
“At issue in the twenty-first century is the trade-off between the necessity of writers, musicians, artists, and movie studios to profit from their work and the free flow of ideas for the public benefit. Movie (and music) industry participants claim that encryption programs are necessary to prevent piracy. Others, however, including the defendants in cases such as Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2d Cir. 2001), argue that the law should at least allow purchasers of movies, music, and books in digital form to make limited copies for fair use.
When asked which side of the debate I am on I have to say that when a firm purchase’s a copy of a movie that the pricing should be based on whether they buy 1 copy or 50 copies. I can see where the producer of the movie would want to make sure they get compensated as much as the music industry does every time the lyrics are used.
The movie studios which have been reluctant to release movies in the cloud or digital format have since greatly improved the encryption process making it more difficult for them to be pirated. The (“CSS”) was implemented in the mid 1996 as an encryption that uses algorithm configured by a set of “keys” to encrypt their contents.
Then the DMCA extended copyright protection from “the infringing act to the gaining access to protected work”. The code has been regulated and has been found to be protected under the First Amendment.13
I think that the courts will continue to be under scrutiny in deciding what is the freedoms of expression and how will the code be determined. Will the code be viewed as pure speech or expressive conduct? As more and more hackers and programmers break down the code that protect these digital rights the encrypter’s will have to keep evolving to new codes and the battle I believe will be consistent as it is today.
I do not think...