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MEDIA PIRACY IN
EMERGING ECONOMIES
Edited by Joe Karaganis
© 2011 Social Science Research Council
All rights reserved.
Published by the Social Science Research Council
Printed in the United States of America
References to Internet websites (URLs) were accurate at the time of writing. Neither the author
nor the Social Science Research Council is responsible for URLs that may have expired or changed
since the manuscript was prepared.
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Cover photo: AFP/Getty Images
Library of Congress Cataloging-in-Publication Data
Media Piracy in Emerging Economies
ISBN 978-0-98412574-6
1.Information society—Social aspects. 2.Intellectual Property. 3.International business
enterprises—Political activity. 4.Blackmarket. I. Social Science Research Council
Media Piracy in Emerging Economies can be found online at
http://piracy.ssrc.org.
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
Media Piracy in Emerging Economies is
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SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
The Social Science Research Council
New York, NY, USA
The Overmundo Institute
Rio de Janeiro, Brazil
The Center for Technology and Society
Getulio Vargas Foundation
Rio de Janeiro, Brazil
Sarai
The Centre for the Study of Developing Societies
Delhi, India
The Alternative Law Forum
Bangalore, India
The Association for Progressive Communications
Johannesburg, South Africa
The Centre for Independent Social Research
St. Petersburg, Russia
The Moscow Institute of Physics and Technology
Moscow State University
Moscow, Russia
The Program on Information Justice
and Intellectual Property
Washington College of Law, American University
Washington, DC, USA
Partnering Organizations
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
Funders
The International Development Research Centre
Ottawa, Canada
The Ford Foundation
New York, NY, USA
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
Table of Contents
Introduction
Chapter 1: Rethinking Piracy
Joe Karaganis
Chapter 2: Networked Governance and the USTR
Joe Karaganis and Sean Flynn
Chapter 3: South Africa
Natasha Primo and Libby Lloyd
Chapter 4: Russia
Olga Sezneva and Joe Karaganis
Chapter 5: Brazil
Pedro N. Mizukami, Oona Castro, Luiz Fernando Moncau,
and Ronaldo Lemos
Chapter 6: Mexico
John C. Cross
Chapter 7: Bolivia
Henry Stobart
Chapter 8: India
Lawrence Liang and Ravi Sundaram
Coda: A Short History of Book Piracy
Bodó Balázs
i
1
75
99
149
219
305
327
339
399
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
i
Introduction: Piracy and Enforcement
in Global Perspective
Media piracy has been called “a global scourge,” “an international plague,” and “nirvana for
criminals,”
1
but it is probably better described as a global pricing problem. High prices for
media goods, low incomes, and cheap digital technologies are the main ingredients of global
media piracy. If piracy is ubiquitous in most parts of the world, it is because these conditions
are ubiquitous. Relative to local incomes in Brazil, Russia, or South Africa, the price of a
CD, DVD, or copy of Microsoft Ofce is ve to ten times higher than in the United States or
Europe. Licit media goods are luxury items in most parts of the world, and licit media markets
are correspondingly tiny. Industry estimates of high rates of piracy in emerging markets—68%
for software in Russia, 82% for music in Mexico, 90% for movies in India—reect this disparity
and may even understate the prevalence of pirated goods.
Acknowledging these price effects is to view piracy from the consumption side rather
than the production side of the global media economy. Piracy imposes an array of costs on
producers and distributors—both domestic and international—but it also provides the main
form of access in developing countries to a wide range of media goods, from recorded music,
to lm, to software. This last point is critical to understanding the tradeoffs that dene piracy
and enforcement in emerging markets. The enormously successful globalization of media
culture has not been accompanied by a comparable democratization of media access—at least
in its legal forms. The ood of legal media goods available in high-income countries over the
past two decades has been a trickle in most parts of the world.
The growth of digital piracy since the mid-1990s has undermined a wide range of media
business models, but it has also disrupted this bad market equilibrium and created opportunities
in emerging economies for price and service innovations that leverage the new technologies.
In our view, the most important question is not whether stronger enforcement can reduce
piracy and preserve the existing market structure—our research offers no reassurance on this
front—but whether stable cultural and business models can emerge at the low end of these
media markets that are capable of addressing the next several billion media consumers. Our
country studies provide glimpses of this reinvention as costs of production and distribution
decline and as producers and distributors compete and innovate.
1 Respectively, by the USTR (2003), Dan Glickman of the MPAA (Boliek 2004), and Jack Valenti (2004)
of the MPAA.
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
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SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIESSOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIESSOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
Invariably, industry groups invoke similar arguments on behalf of stronger enforcement:
lower piracy will lead to greater investment in legal markets, and greater investment will lead
to economic growth, jobs, innovation, and expanded access. This is the logic that has made
intellectual property a central subject of trade negotiations since the 1980s. But while we see
this mechanism operating in some contexts in emerging markets, we think that other forces
play a far larger role.
The factor common to successful low-cost models, our work suggests, is neither strong
enforcement against pirates nor the creative use of digital distribution, but rather the presence
of rms that actively compete on price and services for local customers. Such competition is
endemic in some media sectors in the United States and Europe, where digital distribution
is reshaping media access around lower price points. It is widespread in India, where large
domestic lm and music industries dominate the national market, set prices to attract mass
audiences, and in some cases compete directly with pirate distribution. And it is a small but
persistent factor in the business software sector, where open-source software alternatives (and
increasingly, Google and other free online services) limit the market power of commercial
vendors.
2
But with a handful of exceptions, it is marginal everywhere else in the developing world,
where multinational rms dominate domestic markets. Here, our work suggests that local
ownership matters. Domestic rms are more likely to leverage the fall in production and
distribution costs to expand markets beyond high-income segments of the population. The
domestic market is their primary market, and they will compete for it. Multinational pricing
in emerging economies, in contrast, signals two rather different goals: (1) to protect the pricing
structure in the high-income countries that generate most of their prots and (2) to maintain
dominant positions in developing markets as local incomes slowly rise. Such strategies are
prot maximizing across a global market rather than a domestic one, and this difference has
precluded real price competition in middle- and low-income countries. Outside some very
narrow contexts, multinationals have not challenged the high-price/small-market dynamic
common to emerging markets. They haven’t had to.
The chief defect of this approach in the past decade is that technology prices have fallen
much faster than incomes have risen, creating a broad-based infrastructure for digital media
consumption that the dominant companies have made little effort to serve. Fast technological
diffusion rather than slowly rising incomes will, in our view, remain the relevant framework
for thinking about the relationship between global media markets and global media piracy.
Media businesses, in our view, will either learn to compete downmarket or continue to settle
for the very unequal splits between low-priced pirated goods and high-priced legal sales. This
2 Industry and trade representatives would characterize many of the same forces as “market access
barriers” to foreign rms—generally ignoring the monopolization of markets that rapidly follows such
access. Such issues have been central to international debates over cultural policy for some time, with
much of the attention currently focused on China, where strict controls on cultural imports ensure that
domestic, state-controlled companies control the market.
[...]... COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES professionalization of research staff over, in some cases, twenty years of piracy research and the challenge of analyzing the digital transition in media piracy, in particular, have placed a premium on methodological innovation and prompted a reconstruction of industry research strategies in the past half decade.6 • The diminishing returns of outsized piracy. .. meeting in November 2009, it spent three days discussing the need for more research OECD and GAO hedging, in our view, is a sign that the golden age of big piracy numbers is past Industry groups haven’t had much success exporting their claims into more independent research bodies, and they don’t appear willing—yet—to pull back the curtain 9 SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES. .. that operating system piracy dropped from 68% in 2006 to 29% in 2008 (Chinese State Intellectual Property Office 2009) 11 SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES Some of the assistance we received from local industry and governmental sources reflects growing recognition of the importance of research in setting the terms of the enforcement dialogue Inevitably, power in trade... understanding piracy in relation to economic development and changing media economies This perspective implies looking beyond the calculation of rights-holder losses toward the evaluation of the broader social roles and impacts of piracy In so doing, it provides a basis for rethinking key questions raised—and often left hanging— by the industry studies: What role does piracy play in cultural markets and in. .. Washington, DC: USTR Valenti, Jack 2004 Testimony of the MPAA president to the US Senate Committee on Foreign Relations, Hearing on Evaluating International Intellectual Property, 108th Cong., June 9 http://foreign.senate.gov/hearings/ hearing/?id=f3231d45-0eea-030c-e369-aa64c16e8b87 vi SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES CHAPTER ONE • RETHINKING PIRACY Chapter 1: Rethinking... Ministry of the Interior reported 29,670 “actions,” generating 73 criminal cases and an unspecified number of convictions The Russian BSA, in 2007, initiated 589 raids on local businesses for “end-user infringement,” obtaining convictions in 83 cases The Brazilian APCM reported 3,942 raids in 2008, leading to 195 convictions, most of which resulted in suspended sentences Between 2000 and 2007 in India,... country, finding the domestic share of benefits from software purchases to be 76% in India, 73% in Brazil, 61% in Russia, and 68% in South Africa (BSA/IDC 2010a) CHAPTER ONE • RETHINKING PIRACY How Is Enforcement Organized? The copyright industries invest heavily in enforcement advocacy and anti -piracy campaigns, from legislative lobbying, to police efforts to protect theatrical release windows for... dominance of the desktop (well over 90% in developing markets), which make Windows and related products de facto standards But as the IDC’s numbers indicate, this dominance in low- and middle-income countries is attributable almost entirely to software piracy, rather than legal licensing As we will argue later, such network effects make piracy a key feature of software business models in emerging economies. .. COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES at the heart of the IDC method, putting it on firmer methodological ground But any claims about losses are now gone Countervailing Benefits Since 2006, industry-loss claims have been recycled into a wide range of broader estimates of the social and economic impacts of piracy In our view, the current generation of economicimpact studies, including those of... contributed generously, and sometimes anonymously A lengthy, but inevitably partial, list of credits appears in the back matter of this report Media Piracy in Emerging Economies was made possible by support from the Ford Foundation and the Canadian International Development Research Centre v SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES References Boliek, Brooks 2004 “Dialogue: Dan Glickman.” . • MEDIA PIRACY IN EMERGING ECONOMIESSOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIESSOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN. COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES
INTRODUCTION
SOCIAL SCIENCE RESEARCH COUNCIL • MEDIA PIRACY IN EMERGING ECONOMIES INTRODUCTION
history of the international
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