Copyright Infringement of Software

The following article has already been published in Aurora, which is a leading advertising magazine in Pakistan, and it is being re-published here with the consent of the author.

Copyright infringement of software (also called software piracy, although real piracy still exists) refers to the illegal copying of software, music or films or the spread of these things on the Internet. Copying films is also called bootlegging. Some countries have laws about this. The problem is considered to be bigger in certain countries than in others. Those who hold the copyright get less money because of copyright infringement. As a result of this, some copyright holders publish “anti-piracy” campaigns to tell people about infringement.

This is how Wikkipedia.com defines software piracy. When we try and translate this definition from our country’s perspective then the most important line in the definition to my mind is “Some countries have laws about this” – yes Pakistan has laws on copyright and infringement, however, the problem lies in the understanding/adhering and subsequently implementation to make the law work for bettering the industry. To my mind all stakeholders are responsible to ensure copyright infringement laws are not only respected but adhered to also. So who are the “stakeholders”? In my opinion they are Clients, Media Industry including channels, publications, agencies, Cable Operators and last but not the least the Government of Pakistan. The Government on its part has tried to take a few positive steps by drafting acts and laws to curb the use of pirated content on broadcast media – yet the loopholes left through inadequate protection of the law in terms of judicial support has meant that over time it has become a law that can have many connotations and hence very time consuming and tedious to implement in its true spirit. The media industry is to blame for not having the right ethical business sense to protect copyrights issue and instead to find new revenue streams to enhance profits. The clients have ofcourse played their shared role with the media industry by making monies available to support advertising through pirated content. However, the true beneficiaries of piracy – as in the Cable Operators at this point in time would not have any interest levels to remotely think that piracy is illegal.

And I certainly don’t want to continue writing on how everyone has contributed to the problem. Instead I want to move my arguments to taking a snapshot view of the problem at hand and perhaps attempt to offer ideas that can be worked upon and refined to curb piracy. To start with it’s ALWAYS money that is the root cause of all evil so why should piracy be any different. Then perhaps one solution is to look at the business aspects that force piracy as a simple solution for individuals and organizations belonging to both media and client side. It boils down to simple mathematics – clients want cheaper advertising and hence keep forcing discounts to drive rock bottom prices. They take the advantage of lack of measurement tools in the industry to justify squeezing margins from channels and distributors alike. Hence that money is better justified to deliver frequency based advertising and create TOM. Channels in turn squeeze production budgets to deliver boring content and loose audiences driving lower ratings and shifting audience viewing preferences. And content obtained illegally on in-house cable channels which is more entertaining than local market productions becomes the natural choice of viewers.

The thinking culture has to change where media owners, clients and their agencies need to dedicate more efforts towards creating an understanding and forge mutually beneficial partnerships that are principled on the lines of content design, content generation, valuing the use of research to develop success models and reciprocating investments in the industry development of talent and technical advancement. It’s not impossible but rather needs a will and commitment where bodies like PBA, PAS and PAA can sit and discuss/debate on the course of actions to moving forward in the right direction. The interaction of these bodies with PEMRA and the Ministry of Broadcast can also result in some fruitful outcomes to curb piracy and derive more benefits for the industry to develop and give a better future to Advertising and Media in Pakistan. A good way to start would be in footsteps of PAS’s recent efforts towards discouraging clients from advertising on illegal content on cable and has crafted some very basic definitions of how these same clients can move towards legal content and advertising. People will argue that it’s a weak effort because there are still a lot of clients both local and multinational who have not adopted the principles of piracy. However, to my mind it’s a start and a positive one which needs to be adopted across the board to reap benefits. More knowledge and information can also be obtained by looking at how other markets in the region have moved towards curbing the menace of piracy.

One last thought which is as important if not more is how to curb the menace on the geographic front which is cable operators. Here PEMRAs role is critical cause by being a Government body it is the only organization that can enforce the laws on antipiracy. However, the rationalization must come in streamlining the rules of the game. Firstly when awarding licenses to channels to start operations, must be thoroughly scrutinized from business feasibility perspective and then subsequently in aiding carriage through cable operators. Channel owners are right in complaining of no rules on regulating a model for subscription based revenue from cable operators (while it can be true that there are quite a few channels that perhaps should not exist on the cable operators list of channels) – nonetheless sustained revenue streams from subscription can help channels develop a stronger content base and drive viewership rather than loose audiences to Indian films on in-house cable channels. On the other hand the entire business model of cable operators selling connections at rates anywhere from Rs. 100 to Rs 500 or Rs. 1000 needs to be stream lined by PEMRA as a module to cater to the growing need of regulation that ensures a process that negates piracy. The Ministry of Information and Broadcast once given the recognition of an important stake holder can bring in the judiciary to play a key role in ensuring more stringent measure that penalize all those involved in abusing piracy laws. It can also ensure more stringent monitoring of PEMRA to streamline its focus on achieving success by tackling the ground level problem instead of being just a voice and not a force as needed.

In the end I want to just mention a few very important and good things that will come to light if piracy can be curbed to a minimal.

1. Investments on local production sector to boost both quality and output of content that eventually helps channels and advertisers develop loyal viewership hence more returns on investments.
2. Breeding of new talent in local production scene as already in today’s times is becoming scarce due to increased demand of content in light of the number of channels operating in the Pakistan market.
3. Improved access to research and viewer profile data hence more opportunities for streamlining content that pleases different genres of audiences.
4. Better management of a fragmented cable scene with improved quality of services and more importantly legalized content which will lead to improved revenue streams for them.
5. More tax revenue for the Government from media industry hence more continuous improvements in the regulatory system.

Tags: Advertising, Aurora, broadcast media, channels, content, Copyright, copyright infringement laws, government of pakistan, inadequate protection, industry, pakistan, piracy, software piracy, TOM

Category: Content, Industry News