Copyright and what's right

Copyright and what's right

Everyone knows downloading pirated software, films or music is illegal. Still, there are hundreds of websites and tons of files just a click away. In Bangkok, some streets and shopping malls are full of vendors selling illegal DVDs. They are so well-known in fact that you can even use Google to find their exact locations.

How can something that is against the law and is the arch-enemy of creativity manage to survive all these years?

Some argue that stealing content from mega-rich companies to provide content to those too poor to afford the retail price (a la Robin Hood) is fine and dandy. But theft is theft no matter how you try and justify it.

Now let's be honest for second. Most of us have illegally downloaded something in our lives. Maybe it was only a song or some software, a game or a movie. Perhaps that version of Windows on your home PC is pirated?

My first trip to the dark side took place when I was a university student seeking out "indie" movies for homework assignments. In my defence, it was very difficult to find an Austrian, Spanish or Russian movie in mainstream cinemas or regular DVD stores. So I went underground, to one of those Silom Road purveyors. Street vendors of this sort receive their DVDs from dealers who, I guess, download the content from the internet _ probably using BitTorrent. I compared the quality of DVDs I bought with ones on the internet and they were exactly the same.

I visited Silom Road often enough to witness a police raid there once. Dividing the street into two sections, policemen swooped on merchants trading on the opposite side to that on which I was standing. "The cops are here!" the vendors shouted to each other, quickly hiding their wares underneath lengths of silk they were using as backdrops for their stalls. A couple of merchants were arrested but, surprisingly, a few days later they were all back in business like nothing had happened. The DVD sellers were philosophical, attributing the raid to mere "bad luck".

So why am I bringing this up? Well, a couple of days ago I had a conversation with a colleague of mine about a new video game that due to be released soon. Nothing memorable was said about the game, but I distinctly recall saying: "I saw this one for free on BitTorrent."

For those of you who really have no idea what I'm talking about, here's the scenario (and this is all purely hypothetical of course): Google "Pirate Bay", type in the title of a specific movie, click on the result with the highest number of seeds, click "Download Torrent", auto open "uTorrent". Wait 10 minutes for film footage to be downloaded. Play movie, own it forever after.

Like everything else in this world, BitTorrent has a "good" side to it, too. It acts as an archive library; you won't find flicks like Citizen Kane, say, or The Great Dictator in your typical store. Its popularity comes from its speed and diversity. After the official release date, wait two to three days for a cracked game or two to three hours for US TV shows.

For movies in Thailand, there are two new fads called "Webrip" (recorded films from the internet) and "ThaiRong" (Thai-dubbed sound from a cinema screening). When these two facilities are combined, Thais of all stripes should be able to enjoy the results. The possibilities are endless and everyone has access. Even so, it is definitely wrong.

Back to the main event. So, what is the way out of this vicious circle? Not the black comedy currently running in town, that's for sure. There are occasional raids and crackdowns, but I still find the pirates right back where they were not long afterwards.

I was in a Bangkok cinema recently and a clip screened before the main feature declared something along the line of: "Thailand is in the top five in the pirate rankings and we should help lower that statistic." But when the movie ended and we all trooped out, there, on the other side of the road, were DVD vendors openly doing business. And on the tables they had set up was the very same film I had just paid money to watch!

If you're a local you get a discount: only 80 baht for a pirated DVD. For foreigners, the price is 500 baht for six discs. These vendors were blatantly going about their business and no one was stopping them.

Even more bizarre is the placing of a Ja Choey, one of those almost-life-size policeman mannequins, right inside Pantip Plaza. Next to the Sergeant Choey dummy is a plastic sign bearing this warning: "It is a crime to support illegal software and other items." And all around, in every direction you look, there are small shops selling pirated computer software and video games and they're all doing a roaring trade.

Over in the US, various methods are used to deal with intellectual property theft, including taking advance orders for a soon-to-be-released film, album, etc at a price below the standard retail rate. It's called pre-ordering and it's quite an interesting concept. In the world of music, you can support your favourite artists even before they release their next single. For avid gamers, it means you can get access to exclusive content and there's no more waiting in line on the day a new game hits the market.

But it all comes down to the price. BitTorrent is free. How can you compete with something that's free?

If the price is right, users will come back. That's what I believe. No more physical products would obviate the need to spend money on distribution and share profits with middleman; making content available only in digital format would certainly be cheaper.

I've just bought the About Time soundtrack via the iTunes Store which cost me 30% less than the CD version. A video game on sale for a discount of 75% instantly caught my attention even though to get it at this price I would have to wait for four months or so.

Including exclusive content could be a factor, too. I might purchase a game at twice the normal cost just because of the behind-the-scenes clips, rare items and other special features are very tempting.

I also believe in shelling out for products that are worth the money. I have a Blu-ray version of Phantom Of The Opera, for example, as well as the Christopher Nolan Director's Collection box et on Blu-ray, which cost three times more than the regular version. But I love the quality and was prepared to pay the asking price.

You might be wondering why I have brought this subject up, if I am one of those goody-two-shoes types. As an unmanned aerial vehicle pilot who takes unique photos, it hurts my feelings every time someone tries to claim an image of mine as their own. It might have taken me a whole day just to get that one shot. So what about the albums or movies that took months (or years) to produce?

Buying content legally is tantamount to saying to the person who created that content: "I like your work, so keep on doing more of the same."

"One more illegal download won't hurt." I often hear that. Another common justification for intellectual property theft is: That software company/artist/producer is filthy rich already, so they won't notice if I copy this. But it isn't really a question of money or buying power; it's about whether it is okay to rob someone else's work.

Yes, it's true that nothing will ever kill piracy. But it's equally true that nothing will ever kill the movie, music or video-game industries either. If that happened, nothing new would ever get created.

It all comes down to a question of morality. Morality, yes. But morality is learned, not inherited. Only you can choose to do the right thing.


Sithikorn Wongwudthianun is a photo producer at the Bangkok Post.

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