Definition, Concept, Meaning, What is Piracy
1. Concept of piracyPiracy is a practice of organized looting or maritime banditry, probably as old as the same navigation. It consists of a private boat or a State amotinada attacks to another in international waters, or in places not subject to the jurisdiction of any State, with the purpose of stealing your cargo, demanding ransom for the passengers, turning them into slaves and often take possession of the same ship. Its definition under international law can be found in article 101 of the United Nations Convention on the law of the sea.
Along with the activity of the pirates who stole on his own by his pursuit of profit, include Corsairs, a marine hired private who served on ships private licence to attack ships of an enemy country. The distinction between pirate and Corsair is necessarily partial, since Pirates such as Francis Drake or the French fleet in the battle of Terceira island were considered vulgar pirates by the Spanish authorities, since there was a war declared with their Nations. However, having a licence if offered certain guarantees to be treated as another Army soldier and not a simple thief and murderer; at the same time he carried certain obligations.
EtymologyAccording to some authors, the pirate voice comes from the latin pirāta, which in turn would come from the Greek πειρατης (peirates) composed by πειρα, - ας (peira), which means 'test'; in turn derives from the verb πειραω (peiraoo), which means 'striving', ' treat of ', 'try to fortune in the adventures'.
Otros autores abogan porque proviene del griego pyros ('fuego'). El fundamento que se alega es que tras un acto típico de amotinamiento en un barco, para eliminar cualquier tipo de pruebas y toda posibilidad de buscar culpables finalmente se le prendía fuego, no sabiendo por tanto quién había muerto en la trifulca y quién no, resultaba prácticamente imposible encontrar algún culpable si se daba a todos por desaparecidos. Siendo por tanto el término pirata equivalente a incendiario. En este sentido, el término pirata fue usado con anterioridad como actos puntuales de amotinados y saqueadores y no sólo referente al mar. Cuando esto era así aún no existían piratas en el concepto que más tarde se implantó. Como suele suceder en todas las épocas, una voz aplicada para denominar a un determinado colectivo, en base a un determinado hecho, se acaba generalizando a un rango mayor y menos específico y aplicando a todo saqueador en general, y más específicamente a los saqueadores del mar (toda vez que existían múltiples voces para designar a los «saqueadores de tierra»), quemara ya, o no, el barco. Cuando más adelante en el tiempo los saqueadores se organizan surcando el mar y no necesariamente como resultado de un amotinamiento, tienen la necesidad de reparar su propio barco (dañado por los ataques o por lo embates del mar) y por supuesto de apropiarse el ajeno. Sin embargo, el barco abandonado en la mayoría de los casos seguía siendo incendiado.
Since then the word has undergone many changes, losing the exclusive synonym for arsonist. The pirate voice came originally pyrotechnics and inevitable accidents associated by craftsmen who civilly or military occurred from time to time. It should not be forgotten that pyrotechnics was introduced in the West by the Arabs in the form of fireworks and that this made partly in Asia and partly remnants of Roman splendor. The voice does not appear before the invention of gunpowder and is notable to that during the centuries in which lasted piracy «officially», advances in pyrotechnics were stagnant, being these centuries in the 16th, 17TH, 18th and mid-19th. What is assumed is since the Government monopolized the gunpowder industry.
Speaking of pirates, it is more appropriate from a historical point of view to speak more warships than boats. However, to date we use ambiguously boat as a synonym for almost any vessel.
This term describes actions undertaken by people in boats and, since the mid-20th century, in aircraft, to hold for crews and passengers, as well as own transport force. This definition is given by agencies such as the UN or the Royal Academy espanola.3 without however, several authors expert in piracy, as the German Wolfram Zu Mondfeld, expand piracy to those attacks from the Sea against ships and positions ashore to steal or win, but do so on behalf of any State, at least officially.
The terms more specific, filibuster and Buccaneer, are related to piracy in the Caribbean Sea.
2 Meaning of piracyPiracy is the activity carried out the pirates. In its original sense, a pirate was a criminal who dealt with vessels on the high seas to stay with their riches. For example: "piracy was one of the main concerns of the Spanish Crown", "the viceroy devoted great efforts to fight against piracy that unfolded near its shores", "the Empire endorsed piracy, enabling him to increase its treasures by an illegal route".
Today, the notion of piracy and what we mean by pirate changed. It is considered that piracy is in misrepresenting a product, selling illegal copies. May also try marketing (or broadcasting) not permitted of intellectual works, such as films, discs of music, etc. Pirate, on the other hand, is the adjective that applies to these copies: "piracy is destroying the music industry", "Metallica was one of the rock bands who most objected to piracy", "in my House do not support piracy: only buy original DVDs".
It can be said that piracy, in its current meaning, is in violation of copyright from a use inconsistent with the creator of works that are protected by law.
By the characteristics of the Internet, define what is piracy and determine those responsible, who are very difficult. According to certain prospects, those who download a work without paying for the rights corresponding is repeating the piracy. Other points of view, on the other hand, argue that the user who only download a product and not profits from it, has no responsibility in piracy.
3. Definition and what is piracy
What is piracy?The term "piracy" covers the reproduction and distribution of copies of works protected by the copyright, as well as its transmission to the public or making available in communication networks online, without the permission of the rightful owners, when such authorization is required legally. Piracy affects works of various types, such as music, literature, cinema, computer programs, video games, programs, and audio/visual signals.
"Piracy" is the substantive power to designate the phenomenon described. However, the national laws relating to copyright not included, usually a legal definition. Today, the only international legal instrument in the field of copyright which provides a definition of "piracy" is the agreement on aspects of intellectual property rights related to trade (TRIPS), which reads in the following manner:
"means"pirate goods that injured copyright"any copies made without the consent of the holder of the right or of a person duly authorized by him in the country of production and which are made directly or indirectly from an article when the making of that copy would have constituted infringement of copyright or a related right under the law of the country of importation".
Traditionally, the piracy was on unauthorized reproduction and distribution, commercial scale or for commercial purposes, of physical copies of protected works. However, the rapid development of the Internet and the massive use of line, unauthorized, protected content, which often does not exist "commercial" element, have raised intense debate. The question whether such usage is an act of "piracy" and if it must be addressed in the same manner as traditional piracy, is at the heart of the current debate over copyright. Different points of view, often divergent, are emerging and the answers to the question differ from one country to another.