Bribery And Piracy

The main focus of this book is the impact of maritime fraud on contracts for sale and carriage, documentary credits and marine insurance. It covers all varieties of maritime fraud, from the most serious downwards, describing the methods employed and the risks to traders and carriers. At the serious end of the spectrum, pirates capture an entire ship, often murdering the entire crew, in order to sell the cargo (to which of course they have no title), later to use the “innocent” ship to pose as innocent traders. Less serious (but perhaps of greater interest to lawyers) are misdescriptions of cargo in, or backdating of, bills of lading, and other deceptions, usually practised on purchasers and banks.

Fraud and piracy of products and ideas have become common in the early twenty-first century, as opportunities to commit them expand, and technology makes fraud and piracy easy to carry out. In Combating Piracy: Intellectual Property Theft and Fraud, Jay S. Albanese and his contributors provide new analyses of intellectual property theft and how perpetrators innovate and adapt in response to shifting opportunities.The cases described here illustrate the wide-ranging nature of the activity and the spectrum of persons involved in piracy of intellectual property. Intellectual property theft includes stolen copyrights, trademarks, trade secrets, and patents, which represent the creative work of individuals for which others cannot claim credit. The distributors of books, movies, music, and other forms of intellectual property pay for this right, and those who distribute this work without compensation to its creator effectively hijack or "pirate" that property without the owner's or distributor's permission. The problem has grown to the point where most software in many parts of the world is pirated. The World Health Organization estimates that 10 percent of all pharmaceuticals available worldwide are counterfeit.Such widespread fraud illustrates the global reach of the problem and the need for international remedies that include changed attitudes, public education, increasing the likelihood of apprehension, and reducing available opportunities. The contributors show that piracy is a form of fraud, a form of organized crime, a white-collar crime, a criminal activity with causes we can isolate and prevent, and a global problem. This book examines each of these perspectives to determine how they contribute to our understanding of the issues involved.

The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Fraud and piracy of products and ideas have become common in the early twenty-first century, as opportunities to commit them expand, and technology makes fraud and piracy easy to carry out. In Combating Piracy: Intellectual Property Theft and Fraud, Jay S. Albanese and his contributors provide new analyses of intellectual property theft and how perpetrators innovate and adapt in response to shifting opportunities. The cases described here illustrate the wide-ranging nature of the activity and the spectrum of persons involved in piracy of intellectual property. Intellectual property theft includes stolen copyrights, trademarks, trade secrets, and patents, which represent the creative work of individuals for which others cannot claim credit. The distributors of books, movies, music, and other forms of intellectual property pay for this right, and those who distribute this work without compensation to its creator effectively hijack or -pirate- that property without the owner's or distributor's permission. The problem has grown to the point where most software in many parts of the world is pirated. The World Health Organization estimates that 10 percent of all pharmaceuticals available worldwide are counterfeit. Such widespread fraud illustrates the global reach of the problem and the need for international remedies that include changed attitudes, public education, increasing the likelihood of apprehension, and reducing available opportunities. The contributors show that piracy is a form of fraud, a form of organized crime, a white-collar crime, a criminal activity with causes we can isolate and prevent, and a global problem. This book examines each of these perspectives to determine how they contribute to our understanding of the issues involved.

Popular Culture, Piracy, and Outlaw Pedagogy explores the relationship between power and resistance by critiquing the popular cultural image of the pirate represented in Pirates of the Caribbean. Of particular interest is the reliance on modernism's binary good/evil, Sparrow/Jones, how the films' distinguish the two concepts/characters via corruption, and what we may learn from this structure which I argue supports neoliberal ideologies of indifference towards the piratical Other. What became evident in my research is how the erasure of corruption via imperial and colonial codifications within seventeenth century systems of culture, class hierarchies, and language succeeded in its re-presentation of the pirate and members of a colonized India as corrupt individuals with empire emerging from the struggle as exempt from that corruption. This erasure is evidenced in Western portrayals of Somali pirates as corrupt Beings without any acknowledgement of transnational corporations' role in provoking pirate resurgence in that region. This forces one to re-examine who the pirate is in this situation. Erasure is also evidenced in current interpretations of both Bush's No Child Left Behind and Obama's Race to the Top initiative. While NCLB created conditions through which corruption occurred, I demonstrate how Race to the Top erases that corruption from the institution of education by placing it solely into the hands of teachers, thus providing the institution a "free pass" to engage in any behavior it deems fit. What pirates teach us, then, are potential ways to thwart the erasure process by engaging a pedagogy of passion, purpose, radical love and loyalty to the people involved in the educational process.

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.