Measuring Infringement of Intellectual Property Rights

© Crown Copyright 2014. You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov. uk/doc/open-government-licence/ Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concernedThe review is wide-ranging in scope and overall our findings evidence a lack of appreciation among those producing research for the high-level principles of measurement and assessment of scale. To date, the approaches adopted by industry seem more designed for internal consumption and are usually contingent on particular technologies and/or sector perspectives. Typically, there is a lack of transparency in the methodologies and data used to form the basis of claims, making much of this an unreliable basis for policy formulation. The research approaches we found are characterised by a number of features that can be summarised as a preference for reactive approaches that look to establish snapshots of an important issue at the time of investigation. Most studies are ad hoc in nature and on the whole we found a lack of sustained longitudinal approaches that would develop the appreciation of change. Typically the studies are designed to address specific hypotheses that might serve to support the position of the particular commissioning body. To help bring some structure to this area, we propose a framework for the assessment of the volume of infringement in each different area. The underlying aim is to draw out a common approach wherever possible in each area, rather than being drawn initially to the differences in each field. We advocate on-going survey tracking of the attitudes, perceptions and, where practical, behaviours of both perpetrators and claimants in IP infringement. Clearly, the nature of perpetrators, claimants and enforcement differs within each IPR but in our view the assessment for each IPR should include all of these elements. It is important to clarify that the key element of the survey structure is the adoption of a survey sampling methodology and smaller volumes of representative participation. Once selection is given the appropriate priority, a traditional offline survey will have a part to play, but as the opportunity arises, new technological methodologies, particularly for the voluntary monitoring of online behaviour, can add additional detail to the overall assessment of the scale of activity. This framework can be applied within each of the IP right sectors: copyright, trademarks,patents, and design rights. It may well be that the costs involved with this common approach could be mitigated by a syndicated approach to the survey elements. Indeed, a syndicated approach has a number of advantages in addition to cost. It could be designed to reduce any tendency either to hide inappropriate/illegal activity or alternatively exaggerate its volume to fit with the theme of the survey. It also has the scope to allow for monthly assessments of attitudes rather than being vulnerable to unmeasured seasonal impacts

Digital Piracy of MP3s: Consumer and Ethical Predispositions

Purpose – Illegal downloading of music has become an inexorable and rampant activity particularly among college students who have been little deterred by industry legal actions. The purpose of this research is to examine the present state of downloading and how ethical orientation and attitudes towards MP3 piracy impact such activities. The paper also aims to use ethical scenarios as a way of understanding the ethical reasoning in illegal downloading. Design/methodology/approach – Key research questions are proposed that are related to illegal downloading. A sample of 364 university students was used to examine each research question. Statistical results are reported. Findings – The results clearly show that downloading continues at a high rate today driven by a strong belief that it is not ethically wrong. Ethical orientation was found to be positively associated with awareness of the social cost of downloading, consequences of downloading, and ethical belief in downloading. Ethical scenarios show that ethical orientation is also associated with downloading activities and with stealing. Other results indicate that respondents believe that their peers are more prone to stealing music and downloading MP3s illegally. Fear of consequences does seem to have an impact on the propensity to download illegally. Practical implications – The paper contributes to inform industry representatives that appeals to ethics or guilt are not likely to deter illegal downloading measurably. The use of punishment for downloaders may have a short-term effect but other (more positive) measures are required. Originality/value – No research has examined downloading of MP3s in the manner developed in this paper. The paper contributes to a better understanding of consumer behavior among those who download. The results provide insight into a serious problem in the recording industry that is likely to persist in the distant future unless sound measures are developed

Trading Cultural Goods in the Era of Digital Piracy

The issue of digital piracy is a hot button among governments around the world. Piracy rates may significantly affect both internal and international trade of cultural goods. This paper aims to empirically assess the effect of digital piracy on bilateral trade in cultural goods. We focus on trade in music, films and media. Analysing an 11-year panel of 25 countries, we find that piracy does affect bilateral trade, but to varying extents.trade; trade; cultural goods; piracy; spatial filtering; network autocorrelation

Trading Cultural Goods in the Era of Digital Piracy

The issue of digital piracy as violation of intellectual property rights is a hot button among many governments around the world. Until now, nor legislation or its enforcement have managed to keep up with the most recent technologies facilitating piracy. Piracy rates may significantly affect both internal demand and international trade of cultural goods. This paper aims to empirically assess the effect of digital piracy on bilateral trade in cultural goods. We focus on trade in music and media. Analysing an 11-year panel of 25 countries, we find that piracy does affect negatively bilateral trade, although to a varying extent.trade; cultural goods; piracy; spatial filtering; network autocorrelation

Human assessments of document similarity

Two studies are reported that examined the reliability of human assessments of document similarity and the association between human ratings and the results of n-gram automatic text analysis (ATA). Human interassessor reliability (IAR) was moderate to poor. However, correlations between average human ratings and n-gram solutions were strong. The average correlation between ATA and individual human solutions was greater than IAR. N-gram length influenced the strength of association, but optimum string length depended on the nature of the text (technical vs. nontechnical). We conclude that the methodology applied in previous studies may have led to overoptimistic views on human reliability, but that an optimal n-gram solution can provide a good approximation of the average human assessment of document similarity, a result that has important implications for future development of document visualization systems

Lowering the pirate flag: a TPB study of the factors influencing the intention to pay for movie streaming services

The launch of several movie streaming services has raised new questions about how online consumers deal with both legal and illegal options to obtain their desired products. This paper investigates the factors influencing consumers’ intentions to subscribe to online movie streaming services. These services have challenged the dramatic growth in their illegal counterpart in recent years. Taking the theory of planned behavior as a starting point, we extended existing models in the literature by incorporating factors that are specific to consumer behavior in this particular field. A quantitative survey was conducted for the Italian market, and structural equation modeling was used for data analysis. Attitudes, involvement with products, moral judgement and frequency of past behavior were found to be the most important factors in explaining the intention to pay for movie streaming services. The paper provides insights for policy makers and industry managers on the marketing communication strategies needed to minimize the risk of digital piracy

Moving from Data-Constrained to Data-Enabled Research: Experiences and Challenges in Collecting, Validating and Analyzing Large-Scale e-Commerce Data

Widespread e-commerce activity on the Internet has led to new opportunities to collect vast amounts of micro-level market and nonmarket data. In this paper we share our experiences in collecting, validating, storing and analyzing large Internet-based data sets in the area of online auctions, music file sharing and online retailer pricing. We demonstrate how such data can advance knowledge by facilitating sharper and more extensive tests of existing theories and by offering observational underpinnings for the development of new theories. Just as experimental economics pushed the frontiers of economic thought by enabling the testing of numerous theories of economic behavior in the environment of a controlled laboratory, we believe that observing, often over extended periods of time, real-world agents participating in market and nonmarket activity on the Internet can lead us to develop and test a variety of new theories. Internet data gathering is not controlled experimentation. We cannot randomly assign participants to treatments or determine event orderings. Internet data gathering does offer potentially large data sets with repeated observation of individual choices and action. In addition, the automated data collection holds promise for greatly reduced cost per observation. Our methods rely on technological advances in automated data collection agents. Significant challenges remain in developing appropriate sampling techniques integrating data from heterogeneous sources in a variety of formats, constructing generalizable processes and understanding legal constraints. Despite these challenges, the early evidence from those who have harvested and analyzed large amounts of e-commerce data points toward a significant leap in our ability to understand the functioning of electronic commerce.Comment: Published at http://dx.doi.org/10.1214/088342306000000231 in the Statistical Science (http://www.imstat.org/sts/) by the Institute of Mathematical Statistics (http://www.imstat.org

Gender Differences in Identity-Based Social Influence: An Experimental Examination of Software Piracy Behavior

Software piracy is the unauthorized copying, sharing, or using the software. It can be a profitable endeavor for individuals and a tremendous loss for the industry. According to Gulf News, Software piracy losses in the Arabian Gulf states in 2015 was 897$ million (AED 3.29 billion). Therefore, it is critical to understand as much as possible about the phenomenon and investigate the factors that influence subjects’ piracy behavior. Driven by gaps in previously published literature, the study presented here is an experimental investigation into the gender differences in identity-based social influence. In essence, the study examined if males or females are more likely to influence a group of their peers to either pirate or abstain from pirating a piece of software. While this topic is previously unstudied in the field of software piracy, it could be potentially useful in such areas as anti-piracy advertising. Further, as most of the published studies in software piracy are inclined to social desirability bias (as these studies traditionally rely on surveys and responses to paper-based scenarios), the study presented herein has been designed with the specific objective of avoiding social desirability bias by having real money at stake in an experimental setting

Understanding Android Obfuscation Techniques: A Large-Scale Investigation in the Wild

In this paper, we seek to better understand Android obfuscation and depict a holistic view of the usage of obfuscation through a large-scale investigation in the wild. In particular, we focus on four popular obfuscation approaches: identifier renaming, string encryption, Java reflection, and packing. To obtain the meaningful statistical results, we designed efficient and lightweight detection models for each obfuscation technique and applied them to our massive APK datasets (collected from Google Play, multiple third-party markets, and malware databases). We have learned several interesting facts from the result. For example, malware authors use string encryption more frequently, and more apps on third-party markets than Google Play are packed. We are also interested in the explanation of each finding. Therefore we carry out in-depth code analysis on some Android apps after sampling. We believe our study will help developers select the most suitable obfuscation approach, and in the meantime help researchers improve code analysis systems in the right direction