CNS Viewpoint: Theft is theft

| 01/04/2015 | 14 Comments

Nicky Watson writes: For many years successive governments of the Cayman Islands have been enabling people to fence stolen goods by giving them trade and business licences to do so. The property sold by such businesses may not be seen as stolen by the business owners or their customers but in the eyes of the world, where the Cayman Islands desperately needs to shake the image of lawlessness, it is the proceeds of theft just as much as if they were selling ‘hot’ gold watches or television sets.

The selling or renting of bootlegged DVDs, stealing an idea or design, reproducing work and calling it your own is called intellectual property theft – something that is, as we all know, rampant globally. (Remember Kim Dotcom?) But for any government to endorse it, especially the government of a tiny island that is trying very hard to rid itself if a ‘bad boy’ image, is just plain foolish.

Everyone knows that pirating movies, TV shows and music is theft … but the people you’re stealing from are a really long way away and hey, this is Cayman where laws are optional. Thou shalt not steal, except from Hollywood.

As well as tarnishing the country as a whole, the outdated laws are inhibiting the development of Cayman’s technology industry, which could attract significant foreign investment to a country that has few options to expand, but this will not happen without modern copyright laws that will protect their products.

On top of this, Cayman’s artists, musicians, photographers, writers, and yes, news reporters have no protection for the fruits of their labour, which can be stolen at whim with little recourse.

So the recent move by our current government to drag the country into the 20th century – a precursor to dragging it into the 21st – in regards to its copyright laws is a very sensible and long overdue step.

As reported on CNS Business, the UK’s 1988 Copyright Act has been extended to Cayman, and once implemented, the Cayman Islands will develop its own copyright laws that are industry specific to our business sector and economy.

The alternative was to shackle the Cayman Islands to the 1950’s in order to protect a handful of businesses that are being overtaken by technology anyway. The entertainment industry is developing increasingly cheap ways to watch movies and listen to music legitimately (Netflix, Amazon, iTunes, etc), as well as locally broadcast television, which now offers a significantly wider choice of viewing.

And for those who really want to watch them illegally, there are numerous torrent sites to be found on any handy laptop. The days of businesses selling pirated DVDs are surely numbered, with or without the changes to our laws.

Those people who will lose their illegal trade when we have enforceable copyright laws are to be pitied – the Cayman government did, after all, tell them year after year that it was OK for them to do what they were doing and no one wants families to be suddenly left without income. Perhaps the Ministry of Commerce, to atone for its years of complicity, could help them find ways to development a legitimate business. It wasn’t their business acumen that was at fault.

But worthwhile leaders must do what is right for the country as a whole and this government, specifically Commerce Minister Wayne Panton, has chosen the only sensible option in regards to modernizing the local copyright laws. Theft is theft and it’s not OK.

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Comments (14)

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  1. Anonymous says:

    Cayman Customs should have specialized training in recognizing pirated products as they enter the jurisdiction. It’s one thing to have those gawd-awful “designer” copies of handbags and sunglasses, but quite serious when the knock-offs are inferior pharmaceuticals and car parts.

  2. Anonymous says:

    Pawn shops included!

  3. Anonymous says:

    Well, with one of the people being a civil servant in a very high position, I doubt that will ever change. Many years ago, I used to rent those but besides the quality getting worse and worse…well, let’s just say that illegal content was accidentally left on what should have been a cartoon for children.

  4. Anonymous says:

    The enforcement of intellectual property ‘rights’ is more often worthy of moral outrage than the lack of such enforcement.

    Intellectual property “rights” are a modern creation, sold to the public on the basis of a narrative that says “We are protecting the ‘little guy’ who writes an app or a novel or a song”, but the reality is very different.

    In reality, intellectual property law is designed to allow those powerful enough to buy politicians the ability to create price-gouging monopolies and to enforce those monopolies at the expense of ordinary people across the planet. That is why the enforcement of intellectual property ‘rights’ is often referred to as ‘the divine right of thugs’.

    In modern times, developed world multinationals have been given intellectual property rights over strains of rice that have been used by the people of the third world for millennia, and small farmers in North America have been put out of business by multinational agri-business claiming ‘intellectual property rights’ over basic food stuffs.

    In the instance of live-saving pharmaceuticals, the cross-border enforcement of intellectual property law and the stifling of low-cost generics ensures that tens of thousands if not millions die needlessly every year and millions of others suffer. In such cases theft may be theft but I cannot see how it is morally wrong to protect life rather than profit.

    In the instance of Hollywood trash ripped off by way of pirated DVD’s, frankly, as a non-consumer of such trash in any form, I have little sympathy for Hollywood celebrities or those who profit from them. There is simply no evidence of a decline in the production of such rubbish, and even if there was, it may very well be that piracy is a public service to the extent that it decreases the incentive to produce rubbish.

    Bottom line, here in Cayman, a few lawyers and perhaps a few powerful investors in a special economic zone may see dollar signs in this initiative, but this initiative will do nothing more than contribute to the enrichment of the few at the expense of the many. Perhaps that accurately reflects this government’s priorities?

    • Anonymous says:

      So what you’re saying is that pirating movies is OK because there are children starving in Africa. And because you don’t like Hollywood celebrities, you don’t care about the many thousands of people employed in the entertainment industry. Oh, and local artists don’t count for some reason that isn’t clear, and investors may make some money. You’re an iIdiot.

  5. Anonymous says:

    This is pathetic cow-towing to US pressure. There is more money to be made for the local economy by living outside the copyright laws imposed by big Western businesses.

  6. Anonymous says:

    If we purport to be a jurisdiction engaged in countering criminal and terrorist funding, how then can we justify allowing “no questions asked” cash for gold, scrap metal smelters, or pawn shop businesses to operate? Their business models are designed to obscure the provenance of the metal or jewellery and reward criminals, drug users, and terrorists with 1000’s in cash.

  7. Capt'n Obvious says:

    Funniest part of all this is that you all think those pirate DVD shops are there to actually sell DVD’s………………

  8. Anonymous says:

    You really think that Pirate’s Week is figurative? The Cayman rule, anything goes, be it speed limit, pirated airwaves, business franchises you name it.

  9. Anonymous says:

    LOL, can you write a rant about stealing recipes as well?

  10. Driftwood says:

    Whilst I agree this government is doing more, the issue in this and many more cases is a moral one. Everyone knows it’s wrong to steal, but excuse themselves with a thousand reasons, backed up by some frankly underwhelming police and court work. Leaders must set examples, and whether it was Mac’s acquittal. Alden’s protection of Ozzie after his racist diatribe or countless other failings, it demonstrates a weak and morally corrupt leadership and judiciary crisis. Until someone with big brass ones leads the way, not much will change. If you look at places that have elected leaders precisely to get rid of this kind of weakness, they are thriving, as every one is clear on what is acceptable and what is not. The “bad man” reputation will never go away unless we elect such leadership here.

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