\u3cem\u3eUnited States v. Klintock\u3c/em\u3e: Reconsideration of \u3cem\u3eUnited States v. Palmer\u3c/em\u3e as to General Piracy as Defined by the Law of Nations through the Applicable Standards of Political Action of Acknowledgement and Recognition and the Status of Statelessness

During the February 1820 Term, the Supreme Court of the United States decided four significant piracy cases, beginning with United States v. Klintock. Political, economic, and social pressures enhanced the problem of piracy affecting the interests of the United States. Responding to the criticism of his decision in United States v. Palmer and the passage of the Act of 1819 state Congressional intent for defining piracy by the “law of nations,” Marshall authored the decision in Klintock distinguishing Palmer and, upon reconsideration, interpreting the Act of 1790 to include general piracy as defined by the “law of nations.” With a broader interpretation, federal courts had the jurisdiction to consider cases of general piracy regardless of the character of the vessel or nationality of the offender if the vessel operated under the flag of an unacknowledged foreign entity and if an American interest was at issue. While serving as the foundation for the final three piracy cases to endure broad enforcement authority over piracy, the story of Klintock did not end with the decision. An internal controversy over missing evidence in the case due to an alleged conspiracy implicated other parties in the piracy and demonstrated the internal policies and political considerations Monroe administration in the aftermath of the piracy cases. Following an investigation, internal correspondence, lobbying efforts on behalf of Ralph Clintock, and other outside pressures, the Monroe administration was not convinced that Clintock was innocent, but did find that the totality of the circumstances favored a pardon for Clintock

Pirate or subscriber? An exploratory study on italian consumers' music habits

Purpose of the paper: This paper analyzes Italian consumers’ music habits in terms of online piracy behaviors and their interest toward subscription-based music services (SBMS), i.e. services that for a small monthly fee give users legal access to vast music libraries across multiple devices. The objective is to try and profile a piracy-prone consumer and explore if SBMS could be a viable alternative to online music piracy in Italy, where the general piracy rate is very high. Methodology: The study is based on an empirical quantitative analysis through the collection of 505 questionnaires completed by Italian consumers. Findings: The paper highlights how Italian consumers reflect the ‘attitude-behavior gap’ in music consumption, as they perceive online music piracy as ethically wrong, yet they still show low preference for the legal, reasonably priced choice (such as SBMS). Younger, male, lower education, students have the highest propensity towards online piracy. In addition, consumers’ awareness, familiarity and interest in subscriptionbased music services are still very low. Research limitations: The limitations of the paper are linked mainly to the adapted scales, to the omission of alternative determinants of attitude towards piracy, to the composition of the sample and for analyzing only two subscription-based music services (Napster and Spotify). Managerial implications: The results call for greater efforts by music industry actors and public institutions to educate Italian consumers about the consequences of their online piracy behavior and the possible solutions offered by SBMS. Originality of the paper: This paper is the first to focus on Italian consumers’ music habits, their attitude and behavior towards online piracy and their interest toward subscription-based music services as a viable alternative

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

Digital piracy : theory

This article reviews recent theoretical contributions on digital piracy. It starts by elaborating on the reasons for intellectual property protection, by reporting a few facts about copyright protection, and by examining reasons to become a digital pirate. Next, it provides an exploration of the consequences of digital piracy, using a base model and several extensions (with consumer sampling, network effects, and indirect appropriation). A closer look at market-structure implications of end-user piracy is then taken. After a brief review of commercial piracy, additional legal and private responses to end-user piracy are considered. Finally, a quick look at emerging new business models is taken.information good, piracy, copyright, IP protection, internet, peer-to-peer, software, music

Piracy in shipping

Piracy in its various forms has posed a threat to trade and shipping for millennia. In the 1970s, a steady rise in the number of attacks ushered in the present phenomenon of modern piracy and not many parts of the world's seas are free from piracy in one form or another today. This paper reviews the historical and geographical developments of piracy in shipping, with a discussion on contentious issues involved in defining piracy. Using data available on piracy acts collected from the IMB related to 3,957 attacks that took place between 1996 and 2008, we shed light on recent changes in geography and modi operandi of acts of piracy and investigate how poverty and political instability may be seen as the root causes of piracy.

Software piracy at work place: influence of organizational culture in the presence of various ethical orientations

Technology in terms of ‘information technology’ is a revolutionary discovery from time to time. On the similar note, one of the famous issues of IT is the Software Piracy, which has been the talk of the organizations every now and then. Software Piracy i.e. to avoid the illegal act of copying and stealing others information has always been a headache for organizations leading to billion dollars losses and no returns. This paper tracks the association of organizations’ ethical culture with its orientations and software piracy. It is understand the influence of ethical behavior of the organization on software piracy handling. The study revealed that there is a negative association between perceived organizational ethical culture and software piracy in organizations. In particular, organizational ethical culture significantly influences software piracy decisions for individual having ‘Exceptionist’ ethical orientation. Subsequently, there is no significant association between organizational ethical culture and software piracy for Subjectivists, Absolutists and Situationists.Software Piracy, Software Licensing, Ethical Orientations, Organizational Culture

Network Externality and Commercial Software Piracy

Contrary to the earlier findings under end-users piracy where the existence of strong network externality was shown to be a reason for allowing limited piracy, we find when the piracy is commercial in nature the optimal policy for the original software developer is to protect its product irrespective of the strength of network externality in the software users market.Copyright violations, Commercial/Retail piracy, Network externality, Quality

The price of modern maritime piracy

A growing body of literature has recently focused on the economic origins and consequences of modern maritime piracy and on the perception that the international community has failed to control it. This paper aims to investigate maritime transport costs as one of the channels through which modern maritime piracy could have a major impact on the global economy. A transportcost equation is estimated using a newly released dataset on maritime transport cost from the OECD together with data on maritime piracy from the IMB. Our results show that maritime piracy significantly increases trade cost between Europe and Asia.maritime piracy, transport costs, maritime trade, panel data

What Can Be Done to Reduce the Occurrence of Piracy in the Short and Long Run?

The problem of piracy and other forms of maritime security is actually less severe than many people perceive. Nevertheless, it is a problem that needs to be addressed. To solve the problems around Somalia, the naval involvement should continue, and effective punishment for piracy must be increased. Finally, in order to fight the long-term occurrence of piracy, a land-based solution must be found. Such a solution can only work when the focus is on building institutions and particularly the fight against corruption. There are other regions in the world that may succumb to piracy and where such land-based reforms can prevent piracy from being established in the first place.

Digital Piracy: Theory

This article reviews recent theoretical contributions on digital piracy. It starts by elaborating on the reasons for intellectual property protection, by reporting a few facts about copyright protection, and by examining reasons to become a digital pirate. Next, it provides an exploration of the consequences of digital piracy, using a base model and several extensions (with consumer sampling, network effects, and indirect appropriation). A closer look at market-structure implications of end-user piracy is then taken. After a brief review of commercial piracy, additional legal and private responses to end-user piracy are considered. Finally, a quick look at emerging new business models is taken.information good, piracy, copyright, IP protection, internet, peer-to-peer, software, music