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TABLE OF CONTENT

Executive Summary ……………………………………………..2

Business Background ……………………………………………3

New Zealand Copyright Act……………………………………..4

Customers and Data Ownership………………………………….6

Cloud Computing ………………………………………………..8

Key Findings……………………………………………………..10

Conclusion……………………………………………………….11

Reference List……………………………………………………12

Appendices……………………………………………………….13

1APMG 8119: DIGITAL ENTERPRISES

EXECUTIVE SUMMARY

The main purpose of this report is to analyse contemporary issues with Pirate Bay like

copyright and data ownership and reporting key findings.

The analytical process followed to undertake the study was conducting a detailed

analysis of website The Pirate Bay business and performance analysis of two key

issues New Zealand copyright laws and customers and data ownership along with key

findings than after suggesting practical implications to companies like Apple and their

cloud computing where customers pay for data storage services.

The key findings of the report are as following:

• Copyrights protects the ownership of content of the website and it is essential

for the website owner to follow the copyright laws.

• Copyright Laws of countries vary from each other as we can see some of the

websites in New Zealand but same may be banned in USA or China.

• In the case of Pirate Bay ownership remains with the customer but still

website gets all rights to use the content in any way which is the infringement

of copyright laws.


• Customers should look closely while accepting the Terms of Use at any

website.

• Database of customers is owned by website but should be kept secure.

• Cloud Computing is the way where people can store buy sell their cloud

spaces.

1: BUSINESS BACKGROUND

The Pirate Bay (popularly known as TPB) is the world biggest Bit Torrent tracker,

started as Swedish language but now can be accessed in 35 languages. Bit Torrent is a

file sharing protocol in a reliable manner which facilitates big and fast transfers. It has

over 10 million peers and 2 million registered users. It was founded by the Swedish

pro-piracy movement Pirat bryan in 2003 but in 2004 it separated from Pirate bryan

and run by dedicated individuals.

In 2006, it changed its ownership again; today it is run by an organization rather than

individuals. The organization is registered in Seychelles. The site currently ranked as

the 2nd most popular Bit Torrent site as per statics of Alexa. It is an online catalogue

of digital content of entertainment media. Visitors can search, download and share

files. In 2006, its founders were found guilty in Sweden for assisting in copyright

infringement.


2: NEW ZEALAND COPYRIGHT ACT

New Zealand’s Copyright law comes from the Copyright Act 1994 and from court

decisions. It has three amendments for new technologies, infringing file sharing and

parallel importing of films in 2008, 2011 and 2015 respectively. Copyright is

administered by copyright owners themselves or by collecting societies which provide

centralized copyright licensing services to copyright users.

In New Zealand, copyright protects original literary, dramatic, musical and artistic

works, sound recordings, films, communication works and the typographical

arrangement of published editions. Copyright comes into existence automatically


when a work is put into material form, e.g. manuscript, audio or video recording. No

registration is necessary (or even possible), nor is any other formality required for

securing copyright protection (Copyright Council of New Zealand, 2006-2015). The

copyright term in New Zealand is largely consistent with other countries. Unlike the

US and European countries, it has not increased from 50 to 70 years, but varies with

the category of the work.

Copyright has its scope and exclusions. The copyright act grants the owner of the

copyright exclusive rights to certain restricted acts, which include copying the work,

publishing, issuing or selling copies to the public, performing, playing or showing the

work in public, broadcasting the work, making any work derived or adapted from the

copyright work. Copyright law also provides moral rights for the author, which are

not transferred by contract as economic rights can be. Moral rights give the author the

right of attribution and integrity. On the other hand, the Act allows for certain

permitted acts to be exempted from copyright restrictions, such as fair dealing for

purpose of criticism, review, news reporting, research or private study, exclusions for

certain educational purposes, time shifting of TV programs, format shifting of music,

back up of computer programs, making copies in Braille, etc.

Specifically, infringing file sharing is the act of downloading or uploading

copyrighted content without permission (Beagle, 2011). This can apply to any content,

e.g. movies, TV shows, music, pictures, books, games or software. The account

holder, who pays for the internet connection, is the one who is legally responsible for

any infringing file sharing occurring over that connection. People are most likely to

get caught if they use peer-to-peer file-sharing software (e.g. BitTorrent, eMule, etc.),

while others are not likely to get caught if they copy files from friends, download

from file-sharing websites that do not use torrent software, or watch videos on

YouTube or similar sites.


Copyright Infringement by the Pirate Bay:

The pirate bay has been assisting for copyright infringement by not protecting the

database of its users. Its database including details of its users has been leaked and

consequently assisted the hijackers to access copyrighted content of its customers. It

does not use Encryption code to protect the database.

Thus, hijackers are uploading the content owned by others to this website and that

content becomes available to all users. They track the downloaders of this content and

get access to their private or copyrighted content. This illegal tracking while

downloading is the major issue with TPB.

3: CUSTOMERS AND DATA OWNERSHIP

Customers of torrent websites are uploaders as well as downloaders of personal

content. TPB provides free services of uploading and downloading to individual

customers but commercial users need to get permission from the website admin to use

it for this purpose.

Ownership rights are generally covered by three areas of law - copyright,

confidentiality and contract – which all differ depending on the country. So if data is

created in one country, but then stored in another, the legal rules that apply become

blurred (e-science city, 2015). TPB has taken advantage of the variation in ownership


rights of various countries. It has moved its servers from one country to another to

save itself from violating the ownership rights.

According to Dino Wilkinson, a partner with international legal practice Norton Rose

Fulbright, "Under English law, there are no property rights in data as such – although

this has not necessarily prevented individuals and businesses from treating data as

property (Howell, 2014). In the cloud context, the contract between service provider

and customer must address this issue by defining the extent of the service provider's

right to process and store data on behalf of the customer. The customer will often be

under an obligation to impose restrictions on the service provider in relation to how

they use the data due to legal and regulatory obligations imposed on the customer

itself.

In other words, Terms of Use or Terms of Service, accepted by customers while

registering at any website to use its services, are often used by the website admin to

get copyright license from the user (Crowell, 2011). This license allows the website to

re-distribute, re-publish, or to modify the content uploaded by the customer while the

copyright ownership still remains with the customer. In other words, website gets all

rights of copyright in the form of license.

Dino further explains with an example that data protection laws give rights to

individuals (or data subjects) in relation to the processing of their personal data; an

organisation that collects such personal data may have legal obligations to process it

in a certain way including limits on how it (and any third party contractors) use,

disclose, hold and transfer that data. The personal information of customers stored in

database of any website should be provided security by the website. Though, website

owns that database but it cannot share that information with any third party.


http://www.techradar.com/news/world-of-tech/management/how-to-avoid-a-data-loss-disaster-1251487

TPB does not mention any ownership issues. Its usage policy mentions that the

website should be used for personal use and not commercial use. It does not seeks any

permission to access the uploaded content. It automatically takes the rights to see the

uploaded content and publish the IP addresses of the downloaders.

Therefore, when it comes to customer data, it is very important for the customers to

look closely at the terms and conditions of the online services they will use.

4: CLOUD COMPUTING

The practice of using a network of remote servers hosted on the Internet to store,

manage, and process data, rather than a local server or a personal computer.


Cloud storage is a model of data storage where the digital data is stored in logical

pools, the physical storage spans multiple servers (and often locations), and the

physical environment is typically owned and managed by a hosting company. These

cloud storage providers are responsible for keeping the data available and accessible,

and the physical environment protected and running. People and organizations buy or

lease storage capacity from the providers to store user, organization, or application

data (Wikipedia, 2015).

There are 3 types of cloud computing services

IAAS – Infrastructure as a Service – Outsourcing Network, Storage

PAAS – Platform as a Service – Customer created apps deployed to the cloud

SAAS - Software as a Service – 3rd party business and/or administrative operations

deployed via the cloud (Google, 2015).

It is all about providing space in the web where consumers/customers can use that

space according to their need of usage and for particular usage they are charged for

the same. Companies like apple Microsoft etc. have their own clouds and servers

according to their services.


https://en.wikipedia.org/wiki/Application_Data

https://en.wikipedia.org/wiki/Application_Data

https://en.wikipedia.org/wiki/Internet_hosting_service

KEY FINDINGS

• Copyrights protects the ownership of content of the website and It is essential

for the website owner to follow the copyright laws.

• Copyright Laws of countries vary from each other as we can see some of the

websites in New Zealand but same may be banned in USA or China.

• In the case of Pirate Bay ownership remains with the customer but still

website gets all rights to use the content in any way which is the infringement

of copyright laws.

• Customers should look closely while accepting the Terms of Use at any

website.

• Database of customers is owned by website but should be kept secure.

• Cloud Computing is the way where people can store buy sell their cloud

spaces.


6: CONCLUSION

To recapitulate, The Pirate Bay is the website which is not authenticate. In other

words, it is not having the ownership of content they are providing and it may drive to

miss-use of the content of the website. Therefore, TPB needs to follow copyright laws

and should respect the privacy of its customers.


REFERENCE LIST

Beagle, T. (2011). What you need to know about the new copyright law. Retrieved from

http://techliberty.org.nz/what-you-need-to-know-about-the-new-copyright-law/

Copyright Council of New Zealand. (2006-2015). Copyright Act 1994. Retrieved

from http://www.copyright.org.nz/

Copyright (New Technologies) Amendment Act 2008

Copyright (Infringing File Sharing) Amendment Act 2011

Copyright (Parallel Importing of Films) Amendment Act 2015

Crowell, G. (2011). Who Owns Your You Tube Video? Retrieved from

http://www.reelseo.com/youtube-copyright-ownership/#ixzz3p9G92ITI

e-science city. (2015). Who Owns the Data. Retrieved from http://www.cloud-

lounge.org/who-owns-the-data.html

Google. (2015). Cloud Computing. Retrieved from https://www.google.co.nz/search?

q=cloud+computing+definition&biw=1045&bih=653&source=lnms&sa=X&

ved=0CAUQ_AUoAGoVChMI_L2uxu7SyAIVIlGmCh3nXAwI&dpr=0.75


http://www.google.co.nz/search?q=cloud+computing+definition&biw=1045&bih=653&source=lnms&sa=X&ved=0CAUQ_AUoAGoVChMI_L2uxu7SyAIVIlGmCh3nXAwI&dpr=0.75



http://www.cloud-lounge.org/who-owns-the-data.html

http://www.cloud-lounge.org/who-owns-the-data.html

http://www.reelseo.com/youtube-copyright-ownership/#ixzz3p9G92ITI

http://www.copyright.org.nz/

Howell, D. (2014). The cloud conundrum: who actually owns your data? Retrieved

from http://www.techradar.com/news/internet/cloud-services/the-cloud-

conundrum-who-actually-owns-your-data--1260464

Wikipedia. (2015). Cloud Computing.

APPENDICES

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