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Getting inside a downloader's head Getting inside a downloader's head
(about 19 hours later)
The Digital Britain report advocates the latest step in the war against illegal downloaders, requiring ISPs to write them notification letters and monitor persistent offenders. But what of the other side of the fight against piracy, the effort to win hearts and minds?The Digital Britain report advocates the latest step in the war against illegal downloaders, requiring ISPs to write them notification letters and monitor persistent offenders. But what of the other side of the fight against piracy, the effort to win hearts and minds?
If you've watched a DVD in the past five years, you may well have seen an advert that sticks in your mind.If you've watched a DVD in the past five years, you may well have seen an advert that sticks in your mind.
INDUSTRY INITIATIVES Film and TV: Knock-off Nigel campaign (2007)You Make the Movies cinema campaign (2009)Screenthing website for childrenFilm Education: Material for schools Music: BPI/Virgin Media Notification Trial (2008)Pro-Music information campaign (2008)Instant messaging campaign to uploaders (2004)Childnet: Child website safety siteINDUSTRY INITIATIVES Film and TV: Knock-off Nigel campaign (2007)You Make the Movies cinema campaign (2009)Screenthing website for childrenFilm Education: Material for schools Music: BPI/Virgin Media Notification Trial (2008)Pro-Music information campaign (2008)Instant messaging campaign to uploaders (2004)Childnet: Child website safety site
Cartoonishly raucous music plays as a girl sits in her bedroom downloading a film. "You wouldn't steal a car" a caption flashes as a leather jacketed man interferes with a black Mercedes in a side street.Cartoonishly raucous music plays as a girl sits in her bedroom downloading a film. "You wouldn't steal a car" a caption flashes as a leather jacketed man interferes with a black Mercedes in a side street.
"You wouldn't steal a handbag" flashes another caption. Then it's "you wouldn't steal a TV". "You wouldn't steal a movie" flashes yet another message as a man slips a DVD into his suede jacket. The advert concludes with: "Downloading pirated films is stealing. Piracy. It's a crime.""You wouldn't steal a handbag" flashes another caption. Then it's "you wouldn't steal a TV". "You wouldn't steal a movie" flashes yet another message as a man slips a DVD into his suede jacket. The advert concludes with: "Downloading pirated films is stealing. Piracy. It's a crime."
For the duration you may be jabbing the skip button on your remote. It isn't working. Someone really wants you to watch this.For the duration you may be jabbing the skip button on your remote. It isn't working. Someone really wants you to watch this.
Perhaps you leave to make a cup of tea until it's finished, perhaps you stay and really soak it in.Perhaps you leave to make a cup of tea until it's finished, perhaps you stay and really soak it in.
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Knock-off Nigel is a more recent advertKnock-off Nigel is a more recent advert
Browse on YouTube and you'll see the advert has been parodied many times over.Browse on YouTube and you'll see the advert has been parodied many times over.
"There have been over 100 parodies," says sociologist Dr Matthew David, co-author of The Impossibility of Technical Security: Intellectual property and the paradox of informational capitalism."There have been over 100 parodies," says sociologist Dr Matthew David, co-author of The Impossibility of Technical Security: Intellectual property and the paradox of informational capitalism.
Perhaps the best known comes from Channel 4 sitcom The IT Crowd, where the message is taken to a ridiculous conclusion - "you wouldn't kill a policeman".Perhaps the best known comes from Channel 4 sitcom The IT Crowd, where the message is taken to a ridiculous conclusion - "you wouldn't kill a policeman".
The advert was seen as successful by many in the industry, among other things for the way it stuck in people's minds, but eventually it had to be superseded, says Eddy Leviten, head of communication at the Federation Against Copyright Theft.The advert was seen as successful by many in the industry, among other things for the way it stuck in people's minds, but eventually it had to be superseded, says Eddy Leviten, head of communication at the Federation Against Copyright Theft.
HOW MANY DOWNLOAD? Research for BPI suggests in 2009 12m people involved in some form of illegal music downloadingSurvey done by Human Capital found 61% of 15-24 year-olds did not feel they should have to pay for music And 70% feel no guilt about downloading music for nothingPew Internet survey showed 75% of teenage music downloaders aged 12-17 agreed "file-sharing is so easy to do, it's unrealistic to expect people not to do it"HOW MANY DOWNLOAD? Research for BPI suggests in 2009 12m people involved in some form of illegal music downloadingSurvey done by Human Capital found 61% of 15-24 year-olds did not feel they should have to pay for music And 70% feel no guilt about downloading music for nothingPew Internet survey showed 75% of teenage music downloaders aged 12-17 agreed "file-sharing is so easy to do, it's unrealistic to expect people not to do it"
"If you paid for a DVD why should you have to sit through adverts that say you might be a criminal? At the time it was effective. Pretty much everyone has seen it.""If you paid for a DVD why should you have to sit through adverts that say you might be a criminal? At the time it was effective. Pretty much everyone has seen it."
The issue, Dr David suggests, is that with the failure of Digital Rights Management or criminal and civil enforcement to stem the tide of illegal downloading, the intellectual property industries are engaging in a battle for hearts and minds as a last throw of the die.The issue, Dr David suggests, is that with the failure of Digital Rights Management or criminal and civil enforcement to stem the tide of illegal downloading, the intellectual property industries are engaging in a battle for hearts and minds as a last throw of the die.
In some areas they may not have got it quite right in the past. One is the use of the word "piracy" itself.In some areas they may not have got it quite right in the past. One is the use of the word "piracy" itself.
"There is a cachet around piracy," Dr David says."There is a cachet around piracy," Dr David says.
Indeed, one of the most cannibalised advertising logos of all time came in a 1980s campaign from the BPI, the trade body of the British music industry.Indeed, one of the most cannibalised advertising logos of all time came in a 1980s campaign from the BPI, the trade body of the British music industry.
The stark black and white image showed a stylised skull and crossbones made out of an audiotape, with the legend "HOME TAPING IS KILLING MUSIC" accompanied by the smaller subheading "and it's illegal" has been parodied to the nth degree.The stark black and white image showed a stylised skull and crossbones made out of an audiotape, with the legend "HOME TAPING IS KILLING MUSIC" accompanied by the smaller subheading "and it's illegal" has been parodied to the nth degree.
Spot the cassette and crossbonesSpot the cassette and crossbones
The notorious Swedish website, The Pirate Bay, has as its logo a sailing ship with the home taping skull and crossbones on the mainsail.The notorious Swedish website, The Pirate Bay, has as its logo a sailing ship with the home taping skull and crossbones on the mainsail.
"A lot of people criticised it, but my, it had legs," says Richard Mollet, director of public affairs at the BPI."A lot of people criticised it, but my, it had legs," says Richard Mollet, director of public affairs at the BPI.
And there is similar attitude within the film industry to the advert known to many as "you wouldn't steal a handbag", made by the Motion Picture Association of America in 2004 for worldwide use in a host of languages.And there is similar attitude within the film industry to the advert known to many as "you wouldn't steal a handbag", made by the Motion Picture Association of America in 2004 for worldwide use in a host of languages.
Now, the film and TV industry's anti-piracy drive has gone off down different avenues in different countries. In the UK, the emphasis is on achieving an "attitudinal change" using more subtle means.Now, the film and TV industry's anti-piracy drive has gone off down different avenues in different countries. In the UK, the emphasis is on achieving an "attitudinal change" using more subtle means.
Poster for NHS Smokefree campaignEnlarge ImagePoster for NHS Smokefree campaignEnlarge Image
The PR agency Blue Rubicon specialises in this field, typically advising on health campaigns such as the clown smokefree message pictured right.The PR agency Blue Rubicon specialises in this field, typically advising on health campaigns such as the clown smokefree message pictured right.
Now it is helping the UK film and television industry in "attaching social stigma" to illegal downloading.Now it is helping the UK film and television industry in "attaching social stigma" to illegal downloading.
"Absolutely, campaigns can change hearts and minds," says Blue Rubicon director Gordon Tempest-Hay. "If you do them right you can make a material impact on people's behaviour. Drink driving, anti-tobacco, even going back to the old clunk click [seatbelt campaign].""Absolutely, campaigns can change hearts and minds," says Blue Rubicon director Gordon Tempest-Hay. "If you do them right you can make a material impact on people's behaviour. Drink driving, anti-tobacco, even going back to the old clunk click [seatbelt campaign]."
The result of Blue Rubicon's work is the "knock-off Nigel" campaign. The avoidance of the word "piracy" in the adverts is significant.The result of Blue Rubicon's work is the "knock-off Nigel" campaign. The avoidance of the word "piracy" in the adverts is significant.
"Knock off is grubby, you have got something a bit rubbish," says Mr Tempest-Hay."Knock off is grubby, you have got something a bit rubbish," says Mr Tempest-Hay.
ATTITUDINAL CHANGE RULES No finger-waggingFind point of emotional engagementSimple steps to right behaviourMake ght behaviour more aspirational than wrong behaviourMake it personally relevant Source: Blue RubiconATTITUDINAL CHANGE RULES No finger-waggingFind point of emotional engagementSimple steps to right behaviourMake ght behaviour more aspirational than wrong behaviourMake it personally relevant Source: Blue Rubicon
And there certainly is an attitude to change. A lot of people in the UK download illegally.And there certainly is an attitude to change. A lot of people in the UK download illegally.
A recent report by the Strategic Advisory Board on Intellectual Property picked up on the work of US criminologists Sameer Hinduja and Jason Ingram, who have adapted the theory of "neutralisation" to explain why many young people have no problem with infringing copyright.A recent report by the Strategic Advisory Board on Intellectual Property picked up on the work of US criminologists Sameer Hinduja and Jason Ingram, who have adapted the theory of "neutralisation" to explain why many young people have no problem with infringing copyright.
"Much deviance by young people happens despite knowing what they are doing is wrong," says criminologist Dr Richard Jones, author of Entertaining Code: File Sharing, Digital Rights Management Regimes, and Criminological Theories of Compliance."Much deviance by young people happens despite knowing what they are doing is wrong," says criminologist Dr Richard Jones, author of Entertaining Code: File Sharing, Digital Rights Management Regimes, and Criminological Theories of Compliance.
A campaign counting the human costA campaign counting the human cost
Of course, there are plenty, even among the young, who can be eloquent about why they believe illegal downloading is not wrong. These can include everything from what they see as the unacceptable "control freakery" of DRM and regional coding, to overcharging and exploitation of the very artists the music industry claims to protect.Of course, there are plenty, even among the young, who can be eloquent about why they believe illegal downloading is not wrong. These can include everything from what they see as the unacceptable "control freakery" of DRM and regional coding, to overcharging and exploitation of the very artists the music industry claims to protect.
In the US the "Think First, Copy Later" educational campaign has been criticised by the Electronic Frontier Foundation for intimidating and misinforming children.In the US the "Think First, Copy Later" educational campaign has been criticised by the Electronic Frontier Foundation for intimidating and misinforming children.
But the educational material provided by the film and music industries in the UK is extremely subtle, only occasionally alluding to piracy, as it attempts to explain how the industry works.But the educational material provided by the film and music industries in the UK is extremely subtle, only occasionally alluding to piracy, as it attempts to explain how the industry works.
"There is no lecturing or hectoring going on at all," says Ian Wall director of Film Education."There is no lecturing or hectoring going on at all," says Ian Wall director of Film Education.
'NEUTRALISATION' THEORY Denial of responsibility: factors apparently beyond individual's control come into play eg: urgent need for softwareDenial of injury or victim: no one suffers from one's actionsCondemning the condemners: assuming those against a behaviour engage in their own kinds of unauthorised activities, or somehow deserve any damage they sustain eg: loss of earningsAppeal to higher loyalties: such as obtaining unauthorised material to help family member 'NEUTRALISATION' THEORY Denial of responsibility: factors apparently beyond individual's control come into play eg: urgent need for softwareDenial of injury or victim: no one suffers from one's actionsCondemning the condemners: assuming those against a behaviour engage in their own kinds of unauthorised activities, or somehow deserve any damage they sustain eg: loss of earningsAppeal to higher loyalties: such as obtaining unauthorised material to help family member Source: Sameer Hinduja and Jason Ingram
Source: Sameer Hinduja and Jason Ingram
Children are supposed to gently arrive at the conclusion that if creativity is good, and content is valued, then copyright infringement may be wrong.Children are supposed to gently arrive at the conclusion that if creativity is good, and content is valued, then copyright infringement may be wrong.
And for all the doubts about whether campaigning can change attitudes, those in the industry are confident. Research done for the British Video Association from 2007 to 2009 suggested illegal downloading would be 5% worse if it wasn't for the industry's campaigning.And for all the doubts about whether campaigning can change attitudes, those in the industry are confident. Research done for the British Video Association from 2007 to 2009 suggested illegal downloading would be 5% worse if it wasn't for the industry's campaigning.
Enforcement and tighter regulations are a big part of the industry's efforts, but much weight will be on educating the next generation of downloaders to behave themselves.Enforcement and tighter regulations are a big part of the industry's efforts, but much weight will be on educating the next generation of downloaders to behave themselves.
And in the future DVD viewers can expect adverts that are a little less annoying.And in the future DVD viewers can expect adverts that are a little less annoying.


Send us your comments using the form below. A selection of your comments appears below.
name="say"> I do resent having to sit through anti-piracy adverts on genuine DVDs that I own and paid for. The irritation is such that you almost wish you had a pirated DVD as that would, ironically, NOT contain the annoying advert! Disney has the right idea with their anti-piracy warnings, highlighting the dubious quality you would get with a knock off rather than pushing the "illegal" angle. I would rather see people taking pride in quality than feeling criminalised by an advert. And the human cost of pirated DVDs is Jonathan Ross, eh? Who would have thought?Martin, Bristol, UK
The BBC may edit your comments and not all emails will be published. Your comments may be published on any BBC media worldwide. href="http://www.bbc.co.uk/terms/">Terms & Conditions The record industry might be better advised to put its own house in order first, not tying artists to crippling contracts and considering a more realistic pricing and distribution strategy for its products, before pursuing 15-year-olds sharing files from their bedrooms.Des Senior, Ware, UK
Should somebody tell the man in the video that he's holding his flute the wrong way with his right hand?Katie, UK
It's unlawful to copy a CD or DVD onto an iPod in the UK yet nobody suggests young people should not do this. Why is this still unlawful in 2009? Because the minister in charge of IP is the third one in the space of a year. The current one, David Lammy, is a schools and education specialist with no background or real passion in this area. The government needs to take a strong lead and resolve some of these difficult areas before the creative industry in the UK dies a death.Adrian Dicker, London
Sharing digital information, ideas, knowledge, and culture is not wrong, and should not be illegal. We in the Pirate Party United Kingdom are campaigning for copyright reform and a reduction in the duration of copyright. We also believe that non-commercial sharing of media by private individuals should not be a matter for copyright law. Commercial counterfeiting is a different matter, as it involves deception and fraud by the seller, and an actual financial transaction with measurable harm - private copying or format-shifting does not!John Barron, Ely, United Kingdom
I don't buy many DVDs and I've never pirated one but that film brought me as close as it was possible to. It annoys me every time I play a DVD that a 'pirate' is getting on with watching his film while I'm waiting for access to what I've paid for.John, Worthing
The problem with the Knock-off Nigel campaign is it's instantly outdated viewpoint. Whereas in the 80's this may have worked with the low quality bootleg videos that were your standard pirate copy, the technology today produces DVD quality that is an exact replica of the original, so the 'grubbiness' factor is severely reduced and the campaign weakened. It shows no understanding of modern 'piracy' so I just don't see it having an impact.Paul Duthie, Disley, UK
I legally bought a DVD in a museum in Montreal and arrived home in Switzerland to discover that it wouldn't play in Europe. I was furious, and I still am. Stealing copyright material is clearly wrong, but the industry is certainly not winning hearts and minds with tricks like this. It needs a new business model.David, Commugny, Switzerland