“Reports on the theft of the latest installment of Harry Potter underscores that robbery of intellectual property extends far beyond the movies, to music, publishing, computer software and other creative outputs that are the foundation of our modern information economy.”
Since there was clearly an embargo on the distribution of this physical work, it could be argued the term “theft” aptly applies. But who was responsible for this theft? Was it the individual who broke the embargo? The BitTorrent protocol? Or perhaps The Pirate Bay can be used as the scapegoat?
There’s some debate where the book first appeared. Because of its mainstream infiltration, BitTorrent has been largely credited as the initial source of this leak. However the leak has also appeared on Usenet as well. Regardless of its initial source, the leak appeared on several BitTorrent sites such as Demonoid, Mininova and countless others. Most have removed the torrent link, as for some reason Harry Potter deserves more respect than other work.
In any case, there’s been one notable exception to the takedown frenzy occurring on the multitude of BitTorrent sites. That exception of course is the notable BitTorrent tracker The Pirate Bay. As a result of its renegade response, an overwhelming portion of the “blame” has been directed at The Pirate Bay, especially from the IFPI (International Federation of the Phonographic Industry.) In a press release
issued today, the IFPI directly blamed The Pirate Bay not only for indexing the torrent, but for facilitating its distribution.
“The Pirate Bay, an international engine of illegal file-sharing, is accused of facilitating the distribution of pre-release copies of the latest Harry Potter novel, Harry Potter and the Deathly Hallows, in a move that has been criticised by publishers Bloomsbury. Author J.K. Rowling has previously asked people to respect her embargos and described those who ruin others enjoyment as “sad individuals."
“John Kennedy, chairman and chief executive of IFPI, comments: “The Pirate Bay has a long history of facilitating the distribution of pirated music on the internet, harming artists, composers and record producers. It would appear that the publishing industry is now also being hurt by the operators of The Pirate Bay who show no respect for creativity or intellectual property rights.”
Welcoming the publicity, a new themed logo has appeared on the Swedish tracker, taking the form of “The Pirate Bay and the Torrents of Fire”. Like most theamed logos, the image links directly to the torrent in question. The Pirate Bay responded to this release, and expressed their exception to the IFPI’s interpretation of their operation.
“It's slander - We respect creativity as hell,” The Pirate Bay spokesperson “brokep” told Slyck.com. “Just look at our legal threats! We love creativity. I don't know how creative it is to cling on to a business model that lost its edge 10 years ago though.”
At the end of the day, there will be a lot of blame, finger pointing, rolling heads and snickering over the leak of Harry Potter and the Deathly Hallows. However there’s one thing that’s rarely exemplified, and that’s over 2 million copies of Harry Potter have been preordered through Amazon. Very few Harry Potter fans will go through the effort of reading a poorly documented prerelease, especially those looking to complete their hard copy collection. Will the prerelease hurt sales? Likely just the opposite, as the old adage, “there’s no such thing as bad publicity…” – and indeed there’s been overwhelming publicity – is only driving the Harry Potter frenzy.