New Book on Why Media Piracy Business Persists in the Philippines and Vietnam

 Cover Springer 978-981-287-920-2

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  • ISBN 978-981-287-920-2 (Hardcover, US$129)
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  • Due: December 30, 2015

Unique Selling Points of this Book:

  • Views the persistence of piracy from a wider social context than just the economic, legal, and juridical
  • Provides a sociological and ethnographic investigation on why the retail of pirated discs persists in the Philippines and Vietnam
  • Challenges the normative and prescriptive approach of jurisprudence in understanding copyright piracy
  • Applies the Actor-Network Theory (ANT) to account for the role of technological and material networks in the persistence of copyright piracy in today’s global era​.

About this Book:

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government’s attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.

Table of Contents:


1 Introduction
1.1 Background of the Media Piracy Problem
1.2 Media Piracy in the Philippines and Vietnam
1.3 Understanding Media Piracy
1.4 Analyzing Media Piracy in Contemporary Global Society
1.5 The Book’s Sociological Approach
1.6 Objectives of the Book
1.7 Definition of Terms
1.8 Theoretical Framework
1.9 Methodology
1.9.1 The Roadmap of the Book
List of References

2 The U.S. IP Hegemony and the Politics of Piracy and Resistance

2.1 Understanding Power and Hegemony
2.2 U.S Hegemony in Intellectual Property Trade
2.3 Law as a Maker of Hegemony
2.4 Social Resistance and U.S. IP Hegemony
2.5 Asia-Pacific: A Great Promise and Scourge of U.S. IP Hegemony
2.6 China and ASEAN as a Scourge for American IP Hegemony
2.7 China: The Tie that Binds the Philippines and Vietnam to Piracy
2.8 Guandong as Mediating Network for the Philippines and Vietnam
2.9 Summary
List of References

3 Government’s Attitude towards the Informal Sector and Piracy
3.1 The Prevalence of the Informal Sector and Formalization
3.2 Understanding the Nature of the Informal Sector
3.3 Informal Employment in SEA
3.4 The Government Attitude towards the Informal Sector
3.5 The Philippines’ and Vietnam’s Attitudes towards Informality
3.6 Vietnam and the Philippines on Legality and Informality
3.7 Employment in Piracy Trade as Informal and Illegal
3.8 Formality and Illegality in the Optical Piracy Disc Trade
3.9 Piracy as Source of Informal Employment
3.9.1 Summary
List of References

4 Obstacles in Formalizing the Optical Media Trade
4.1 Understanding Formalization of Business
4.2 Legal and Judicial Obstacles of Formalization
4.3 Bureaucratic Obstacles
4.4 Opening an Optical Media Business in the Philippines
4.5 Starting a New Optical Media Business in Vietnam
4.6 Regulation and Formalization of Technologies for Media Piracy
4.7 Harmonizing ICT Technology and Copyright Business Interests
4.8 Summary
List of References

5 Social and Technological Forces Supporting Piracy
5.1 The General Profile of the Piracy Traders
5.2 The Piracy Traders in the Philippines
5.3 The Piracy Traders in Vietnam
5.4 Factors Fueling the Piracy Trade in the Philippines
5.5 Informal Trading and Overcoming Discrimination
5.6 Factors Facilitating the Piracy Trade in Vietnam
5. 7 Technological Networks for Piracy
5.8 Social Networks Supporting the Piracy Trade
5.9 Summary
List of References

6 Corruption and Nonenforcement of the Optical Media Law
6.1 Law Enforcement and Corruption in Sociology
6.2 Understanding the Nonenforcement of the Optical Media Law
6.3 Corruption and Media Piracy in SEA
6.4 The Nonenforcement of the Optical Media Law
6.5 Corruption and Illegal Business Protection System
6.6 Appropriating the Protection Money in Piracy
6.7 Nonenforcement and Corruption Patterns in the Philippines and Vietnam
6.8 Summary
List of References

7 Tracing Media Piracy: The Current and Future Trends
7.1 The Evolving Nature of Media Piracy and Globalization
7.2 Trends in Media Piracy Follow the Trends in Technology
7.3 Future Trends
7.4 Digital Spying and Hacking
7.5 Regulating the Internet and ICT Technologies
7.6 The Role of China
7.7 China’s Future Involvement in Piracy
7.8 Summary
List of References

About the Author:

Dr. Vivencio O. Ballano is a Professor of Sociology and Law at St. Paul University, Quezon City, Philippines. His specialized areas of teaching and research include Sociology of Law and Religion, Optical Media Law, Constitutional Law, Disaster Management Law and Copyright Counterfeiting. He obtained his doctoral degree in Sociology from the Ateneo de Manila University in 2011 and was chosen as a 2012 Post-Doctoral Research Fellow of the Southeast Asian Studies Research Exchange Program (SEASREP). He has read papers in local and international conferences and published articles in journals mostly on the area of copyright piracy. He has also published a textbook for his course on Politics, Government, and the Philippine Constitution. He is a founding Board Member of the Philippine Association for the Sociology of Religion (PASR) and a member of the Philippine Sociological Society (PSS). In 2013, St. Paul University recognised his research work by awarding him the Best Researcher Award for that year.

About the Publisher:

Springer Science+Business Media is a leading global scientific, technical and medical publisher, providing researchers in academia, scientific institutions and corporate R&D departments with quality content via innovative information products and services. Springer is also a trusted local-language publisher in Europe – especially in Germany and the Netherlands – primarily for physicians and professionals working in healthcare and road safety education. Springer published roughly 2,400 English-language journals and more than 9,000 new books in 2014, and the group is home to the world’s largest STM eBook collection, as well as the most comprehensive portfolio of open access journals. In 2014, Springer Science+Business Media generated sales of approximately EUR 959 million. The group employs some 8,500 individuals across the globe.

Follow Dr. Ballano on Twitter @detectivebogart and Instagram@venballano and join his 144K+followers!

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