Three recent cyber campaigns – Cook’s Source, Operation Payback, and Limewire: The Pirate Edition – demonstrate that copyright remains a hot topic online. Staffer JEROME JOHN compares the three disputes and concludes that extremists on both sides of the debate make it difficult to think constructively about reform.

1. The Cook's Source saga

Writer Monica Gaudio discovered that a small, US-based magazine titled Cook’s Source had used one of her online articles without permission. Objecting to this use of her work, the writer emailed Cook’s Source editor Judith Griggs and an exchange ensued, culminating in the editor sending a now infamous email to the author. [1]

The curt communication from Griggs stated that anything on the Internet was “public domain” and could be used freely. The angry author responded by posting this on her blog, and her cause was taken up by other bloggers and spread over the Internet, eventually hitting news outlets. Within a few days, hundreds of negative comments were posted to Cook’s Source's Facebook page, the magazine's website briefly went down, names of advertisers were publicised and rewarded for distancing themselves from the magazine, and a number of news articles were written about the case. [2]

Anti-Cook’s Source fervour grew and people began searching older issues of Cook’s Source for other instances of infringement, which led to a number of alleged infringements being discovered and publicised [3]. Eventually Griggs issued a half-apology via the Cook’s Source website, also stating that the magazine could no longer keep going. Cook’s Source had met its demise.

[4]

2. Anonymous & “Operation Payback”

By contrast, the “Operation Payback” campaign launched by Internet activist group Anonymous had a distinctly anti-copyright flavour. Operation Payback began in response to perceived threats against file sharing website The Pirate Bay. Its targets included a number of prominent copyright stakeholders such as the MPAA, RIAA, the UK Intellectual Property Office, the US Copyright Office, rights holder groups in Italy, Spain and Ireland, and several high profile copyright lawyers. The website of Australian film anti-piracy group AFACT was also briefly taken offline in October. [5]

Anonymous attacks websites using a method called Distributed Denial of Service (DDoS), which works by overloading a target website with traffic to the point where it becomes overwhelmed and inaccessible. Because of its rogue nature, little is known about the makeup of Anonymous or which statements and documents released on its behalf are representative of the group's actual goals. Persons alleging to represent the group have listed a number of demands, including the gradual reduction of the term of copyright to a maximum of one year. [6]

3. Limewire: The Pirate Edition

Prior to successful court proceedings against Limewire by several record companies, Limewire software was used to connect to p2p networks and, in many cases, to acquire and distribute infringing music and film online.

Shortly after the Limewire site was shut down in October, reports began to emerge that a team of developers had modified the source code of the original software and released it to be freely distributed under the title Limewire: The Pirate Edition [7]. The Pirate Edition recreates all the functionality of the original software and renders many of the practical outcomes of the court case ineffective. The official Limewire company posted a statement on its website demanding that all unauthorised use of Limewire software and trademarks cease immediately, but the horse has bolted and the Pirate Edition is easily available.

What’s the outcome?

One may ask why in one instance a copyright owner received so much support yet in another, was the target of such hostility? Most likely it turned on who was perceived to be the underdog. In the case of Cooks Source, it was the individual author; in the Limewire and Operation Payback campaigns, the collective user was perceived as the underdog in a fight with large corporate interests.

The relative anonymity offered by the Internet may tempt some to join in vigilante-style copyright actions but such actions can have real-world consequences. Anonymous is now being investigated by the FBI. Cooks Source is now a dead publication. Authorities are seeking those who released The Pirate Edition for potential court action.

And whilst each scenario has had a definite outcome, is the outcome desirable? Was shutting down the whole magazine the author’s intended goal in the Cook’s Source dispute, or was it just to seek compensation for use of the article without permission? Operation Payback has caused much inconvenience to the groups targeted, and generated lots of publicity, but has it done anything to advance the group’s goal of copyright reform? The actual copyright questions have been lost in a myriad of distractions. If any of these campaigns is perceived as a victory, it is a dark victory only. In my view they demonstrate why, whatever your view, it is better to utilise regular channels of intellectual property dispute resolution, such as letters, negotiation, agreements, lobbying, mediation and court, if necessary.

The law gives creators and rightsholders the right to decide how their creative work can be used. In turn, users may be frustrated by the effect of these rights when invoked. Copyright reform is an attempt to re-set the balance between these conflicting positions, particularly when new technologies change the landscape. With copyright reform on the agenda and the issues heating up, it’s important that the focus remains on the long-term goals not short-term distractions.

[1] Gaudio, M. 'Copyright Infringement and Me' LiveJournal, 3rd November 2010 http://illadore.livejournal.com/30674.html

[2] see Champion, E. 'The Cooks Source Scandal: How A Magazine Profits on Theft', edrants.com, 4th November 2010

http://www.edrants.com/the-cooks-source-scandal-how-a-magazine-profits-on-theft/

[3] A collaboratively authored public list of all alleged instances of plagiarism in Cooks Source is available at: https://spreadsheets.google.com/ccc?key=0AmTaIPHPnkSedGFhbHo1d1FIR2oxNWJLaDZLeXhEVEE&hl=en#gid=0

[4] Originally posted by Judith Griggs on www.cookssource.com on 17th November 2010 – the site now appears to have been taken down.

[5] See Anonymous’ page at http://www.anonops.net/anonops/Main_Page for detailed information about the group and Operation Payback.

[6] ibid

[7] Anderson, N. ‘Horde of piratical monkeys" creates LimeWire: Pirate Edition’, Ars Technica, 10th November 2010 - http://arstechnica.com/tech-policy/news/2010/11/horde-of-piratical-monkeys-resurrects-limewire-pirate-edition.ars