Title: Digital piracy: utilising efficient digital distribution models as an alternative to strengthening enforcement

Authors: Michael Filby

Addresses: School of Law, University of Leicester, University Road, Leicester, LE1 7RH, UK

Abstract: The recently published Media Piracy in Emerging Economies report includes a detailed consideration of the conflict between the regulatory approach of strengthening IP regulations and enforcement, and the establishing of new business models in order to take advantage of efficient digital distribution. This paper defines the currently existing digital distribution model that describes how consumers presently access digital content, both legitimately and illegitimately. This foundation is then used to identify a number of alternative new business models and existing models that have been adapted from the analogue age such as indirectly supported distribution and advertising supported distribution, and the operation of the network effect, that together rely on a model of efficient distribution. It is concluded that due to the ineffectiveness of stronger enforcement at impeding piracy, the adoption of new models to adapt to efficient distribution remains the most efficacious approach.

Keywords: digital piracy; file sharing; efficient distribution; internet; intellectual property; world wide web; distribution models; digital distribution; law enforcement; media piracy; emerging economies; reports; Social Science Research Council; SSRC; UK; United Kingdom; regulatory approaches; new business models; regulations; consumers; content access; digital content; legitimate access; illegal access; analogue; indirectly supported distribution; advertising supported distribution; network effect; networks; private law.

DOI: 10.1504/IJPL.2011.042687

International Journal of Private Law, 2011 Vol.4 No.4, pp.488 - 501

Available online: 26 Sep 2011 *

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