A Survey of Graduated Response Programs to Combat Online Piracy

Serona Elton
University of Miami

Abstract

Recent studies indicate that a significant amount of all internet traffic is generated by the use of peer-to-peer and cyberlocker sites, and most of the activity involves illegal file sharing. Opinions differ as to how to quantify the losses due to online piracy, however, there is general agreement among the copyright industries that it is a serious problem worthy of significant effort and attention. Efforts to combat online piracy have been underway since the late 1990s and some approaches have proven more successful than others. One of the more recent approaches is the so-called graduated response which involves the imposition of a gradually escalating series of consequences. This article examines the history of digital music and the battle against online piracy in the United States, and the legal, political, and industrial origins and current state of the graduated response programs in France, South Korea, New Zealand, the United Kingdom, Ireland, Taiwan, and the United States.

Keywords: graduated response, intellectual property, copyright, online piracy, file sharing, peer-to-peer, cyberlocker, digital music, music business, entertainment business

Elton, Serona. “A Survey of Graduated Response Programs to Combat Online Piracy.” Journal of the Music and Entertainment Industry Educators Association 14, no. 1 (2014): 89-122. https://doi.org/10.25101/14.4

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