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70 : The Global eBook Market: Current Conditions & Future Projections L’o re légale et illégale de livres numériques,” Tableau de bord 2, May 2011, bit.ly/xOtHE3). Germany In Germany in the rst half of 2012, the controversies regarding copyright—and indirectly piracy as well— have broadened from a niche discussion of the web community into a mainstream debate on the fundamen- tals of civil rights, individual freedoms, and the general values of society. A number of factors contributed to this expansion. Concerns about privacy and the rights of the individ- ual have a long political history going back to the totali- tarian regime of the Nazis and later secret police during the Cold War spying on every citizen in the socialist part of the country until 1989. The risks from publicly avail- able private information on citizens, brought about by information technologies, has been debated on and o since the 1980s. Today, the web community holds its own kind of digital town meetings, and digital monitoring of the population has brought about protest against street- scanning initiatives by Google as well as tracking and consolidating data traces on individuals for criminal investigations. Recent legal action against highly popu- lar movie streaming services such as Kino.to found similar broad media coverage, as did the controversy over WikiLeaks and Julian Assange, the arrest of German- born digital pirate Kim (Dotcom) Schmitz, and the Anonymous movement, which has a broad following in Germany. A formerly marginal political group called the Pirate Party has become a platform for all kinds of pro- test initiatives, ready to campaign for entering German parliament whenever the next general elections are called. The content industry, spearheaded by the profes- sional organizations for cinema and music but supported as well by Börsenverein, is strictly lobbying for various extensions of ghting whatever illegal usage of copy- righted material can be found and calling for stricter laws bestsellers of a panel from 2010–2011 were available for illegal download, of which 58 percent had no legal digital edition on the market. Manga has been by far the most popular subsegment. The authors of the Motif study underline the high quality of many of the pirated BD titles, with entire teams working on their digitization, resulting in les that average around 30 MB. (It must be noted that these ratios may have changed signi cantly in the meantime, as the o er of legal digital of books of all genres has strongly increased as of mid-2012.) The French national syndicate of book publishers SNE has set out with nine publishers of BD (Dargaud, Dargaud-Lombard, Dupuis, Lucy Comics, la Sefam, Guy Delcourt Productions, MC Productions, Glénate, and Audie) to ght their illegal distribution via a specialized popular Usenet forum, altbinaries.bd.french this e ort began in 2008, yet as of the writing of this report, not nal judgment had been given. In its report of May 2011, the “strong development” of legal ebooks in France was portrayed by Le Motif as coinciding with a “multiplicity of platforms” for illegal downloads. It was found not only that the “generalist aggregators” were adding ebooks to their broad o er of other pirated media content but also that new, special- ized platforms focusing on just ebooks had been enter- ing the arena. The o er of legal digitized titles had grown signi cantly from spring 2010 to spring 2011—from 17 to 33 percent of current bestsellers of the authoritative charts of Livres Hebdo/Ipsos—and 36 percent of the titles on the charts were available for illegal downloads. Only few of the pirated ebooks were “cracked” copies from legally released originals the vast majority of them in the selection were obviously scanned for the purpose of illegal dissemination. The study found that 25.9 per- cent of the pirated titles were available in multiple digital formats (versus only 6.6 percent in 2010). The pirated catalogs were largely “nonexclusive,” in that a title found on one site could usually also be retrieved from other locations (Mathias Daval, “Ebookz:

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70 : The Global eBook Market: Current Conditions & Future Projections L’o re légale et illégale de livres numériques,” Tableau de bord 2, May 2011, bit.ly/xOtHE3). Germany In Germany in the rst half of 2012, the controversies regarding copyright—and indirectly piracy as well— have broadened from a niche discussion of the web community into a mainstream debate on the fundamen- tals of civil rights, individual freedoms, and the general values of society. A number of factors contributed to this expansion. Concerns about privacy and the rights of the individ- ual have a long political history going back to the totali- tarian regime of the Nazis and later secret police during the Cold War spying on every citizen in the socialist part of the country until 1989. The risks from publicly avail- able private information on citizens, brought about by information technologies, has been debated on and o since the 1980s. Today, the web community holds its own kind of digital town meetings, and digital monitoring of the population has brought about protest against street- scanning initiatives by Google as well as tracking and consolidating data traces on individuals for criminal investigations. Recent legal action against highly popu- lar movie streaming services such as Kino.to found similar broad media coverage, as did the controversy over WikiLeaks and Julian Assange, the arrest of German- born digital pirate Kim (Dotcom) Schmitz, and the Anonymous movement, which has a broad following in Germany. A formerly marginal political group called the Pirate Party has become a platform for all kinds of pro- test initiatives, ready to campaign for entering German parliament whenever the next general elections are called. The content industry, spearheaded by the profes- sional organizations for cinema and music but supported as well by Börsenverein, is strictly lobbying for various extensions of ghting whatever illegal usage of copy- righted material can be found and calling for stricter laws bestsellers of a panel from 2010–2011 were available for illegal download, of which 58 percent had no legal digital edition on the market. Manga has been by far the most popular subsegment. The authors of the Motif study underline the high quality of many of the pirated BD titles, with entire teams working on their digitization, resulting in les that average around 30 MB. (It must be noted that these ratios may have changed signi cantly in the meantime, as the o er of legal digital of books of all genres has strongly increased as of mid-2012.) The French national syndicate of book publishers SNE has set out with nine publishers of BD (Dargaud, Dargaud-Lombard, Dupuis, Lucy Comics, la Sefam, Guy Delcourt Productions, MC Productions, Glénate, and Audie) to ght their illegal distribution via a specialized popular Usenet forum, altbinaries.bd.french this e ort began in 2008, yet as of the writing of this report, not nal judgment had been given. In its report of May 2011, the “strong development” of legal ebooks in France was portrayed by Le Motif as coinciding with a “multiplicity of platforms” for illegal downloads. It was found not only that the “generalist aggregators” were adding ebooks to their broad o er of other pirated media content but also that new, special- ized platforms focusing on just ebooks had been enter- ing the arena. The o er of legal digitized titles had grown signi cantly from spring 2010 to spring 2011—from 17 to 33 percent of current bestsellers of the authoritative charts of Livres Hebdo/Ipsos—and 36 percent of the titles on the charts were available for illegal downloads. Only few of the pirated ebooks were “cracked” copies from legally released originals the vast majority of them in the selection were obviously scanned for the purpose of illegal dissemination. The study found that 25.9 per- cent of the pirated titles were available in multiple digital formats (versus only 6.6 percent in 2010). The pirated catalogs were largely “nonexclusive,” in that a title found on one site could usually also be retrieved from other locations (Mathias Daval, “Ebookz:

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71 : The Global eBook Market: Current Conditions & Future Projections Börsenverein launched a rst survey on the emerging ebook market in Germany in March 2011 (a summary is available at bit.ly/AwA0TK) and followed up on this report in collaboration with two other organizations of content industries with its rst comprehensive study on the topic entitled “Usage of Digital Content” (“Digitalen Content-Nutzung,” or DCN) in late August 2011 (www. moniquewuestenhagen.de/11175_BVMI_PK_DCN.zip). Key ndings of the industry-sponsored study included a gure of 14.3 million Germans (or 22 percent of the total population) who had downloaded media content from the Internet in 2010, of which 3.7 million downloaded pirated content. Share-hosting platforms such as RapidShare dominated illegal downloads of movies, TV programs, and music “ebooks are exchanged remarkably often via email,” according to the study. In a growing number of cases, entire media libraries saved on external memory devices are illegally exchanged between users. In 2010, 17 percent of the total popula- tion of Germany, and almost 40 percent of those between 10 and 29 years old, have admitted to having swapped media content on external memory. Of those who admitted to have downloaded music content illegally, 73 percent claimed to have not spent any money on music in 2010, and the remaining 27 percent made purchases of an average of €18 per year for “physical products,” the study says. The DCN survey instantly triggered a critical debate on the methodology employed and the implied assump- tions of the study, drastically highlighting how wide the gap is between the perspectives and approaches of representatives of the creative industries on one hand and consumer organizations or independent voices on the other hand. Most of the criticism of the study focused on its de nition of what was considered as an “illegal down- load,” as it included all free downloads from “ le sharing networks/ftp servers/newsgroup services/peer-to-peer networks/sharehosters/blogs,” which “results from the fact that the members of the sponsors of the study do obliging internet service providers to hand over user data for prosecution by the authorities. It is joined in these activities also by various author’s initiatives under the slogan “Ja zum Urheberrecht” (“Yes to author’s rights”), led by a group of crime writers. Around 1500 authors signed the various petitions (Der Spiegel, May 10, 2012). In the wider context of the struggle, a broad wave of lings in 2011 and 2012 on behalf of the content indus- try resulted in thousands and thousands of legal notices against and penalty payments by private citizens for infringements, backed up by drastic PR campaigns with graphical images representing the creators of artistic work as violated corpses the result was a deepening of the rift between the rights owners and the consumers. In summer 2012, Börsenverein started a new cam- paign to promote a model similar to the Hadopi approach in France: warnings displayed whenever a user accesses unauthorized content on the Web. As confrontations rage in various arenas of the battle, Börsenverein—the central actor in the book publishing realm as opposed to other media such as music or lm— announced a change of strategies in June 2012. Earlier gospel was that a new adaptation of copyright legisla- tion with regard to digital was not necessary as long as current law was enforced. Gottfried Honnefelder, the organization’s acting president, stated at a forum of publishers in Berlin that the Internet was, after all, a new challenge for communication and cultural development: “As a result, we must acknowledge that copyright legisla- tion falls behind the reality of life in certain regards,” hindering more than encouraging the expression of creativity. Hence certain changes in the legislation must be considered, and the cultural industries are called upon to spearhead such innovation (keynote of Gottfried Honnefelder at Buchtage Berlin, June 2012). The practical consequences of this shift are not yet entirely clear. Several specialized studies on ebook piracy in Germany have been conducted by industry organiza- tions as well as independent research teams.

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71 : The Global eBook Market: Current Conditions & Future Projections Börsenverein launched a rst survey on the emerging ebook market in Germany in March 2011 (a summary is available at bit.ly/AwA0TK) and followed up on this report in collaboration with two other organizations of content industries with its rst comprehensive study on the topic entitled “Usage of Digital Content” (“Digitalen Content-Nutzung,” or DCN) in late August 2011 (www. moniquewuestenhagen.de/11175_BVMI_PK_DCN.zip). Key ndings of the industry-sponsored study included a gure of 14.3 million Germans (or 22 percent of the total population) who had downloaded media content from the Internet in 2010, of which 3.7 million downloaded pirated content. Share-hosting platforms such as RapidShare dominated illegal downloads of movies, TV programs, and music “ebooks are exchanged remarkably often via email,” according to the study. In a growing number of cases, entire media libraries saved on external memory devices are illegally exchanged between users. In 2010, 17 percent of the total popula- tion of Germany, and almost 40 percent of those between 10 and 29 years old, have admitted to having swapped media content on external memory. Of those who admitted to have downloaded music content illegally, 73 percent claimed to have not spent any money on music in 2010, and the remaining 27 percent made purchases of an average of €18 per year for “physical products,” the study says. The DCN survey instantly triggered a critical debate on the methodology employed and the implied assump- tions of the study, drastically highlighting how wide the gap is between the perspectives and approaches of representatives of the creative industries on one hand and consumer organizations or independent voices on the other hand. Most of the criticism of the study focused on its de nition of what was considered as an “illegal down- load,” as it included all free downloads from “ le sharing networks/ftp servers/newsgroup services/peer-to-peer networks/sharehosters/blogs,” which “results from the fact that the members of the sponsors of the study do obliging internet service providers to hand over user data for prosecution by the authorities. It is joined in these activities also by various author’s initiatives under the slogan “Ja zum Urheberrecht” (“Yes to author’s rights”), led by a group of crime writers. Around 1500 authors signed the various petitions (Der Spiegel, May 10, 2012). In the wider context of the struggle, a broad wave of lings in 2011 and 2012 on behalf of the content indus- try resulted in thousands and thousands of legal notices against and penalty payments by private citizens for infringements, backed up by drastic PR campaigns with graphical images representing the creators of artistic work as violated corpses the result was a deepening of the rift between the rights owners and the consumers. In summer 2012, Börsenverein started a new cam- paign to promote a model similar to the Hadopi approach in France: warnings displayed whenever a user accesses unauthorized content on the Web. As confrontations rage in various arenas of the battle, Börsenverein—the central actor in the book publishing realm as opposed to other media such as music or lm— announced a change of strategies in June 2012. Earlier gospel was that a new adaptation of copyright legisla- tion with regard to digital was not necessary as long as current law was enforced. Gottfried Honnefelder, the organization’s acting president, stated at a forum of publishers in Berlin that the Internet was, after all, a new challenge for communication and cultural development: “As a result, we must acknowledge that copyright legisla- tion falls behind the reality of life in certain regards,” hindering more than encouraging the expression of creativity. Hence certain changes in the legislation must be considered, and the cultural industries are called upon to spearhead such innovation (keynote of Gottfried Honnefelder at Buchtage Berlin, June 2012). The practical consequences of this shift are not yet entirely clear. Several specialized studies on ebook piracy in Germany have been conducted by industry organiza- tions as well as independent research teams.

69 : The Global eBook Market: Current Conditions & Future Projections from accessing the Internet for a certain period of time after being found guilty three times. In January 2012, Hadopi released a study arguing that the percentage of French consumers who admit to having downloaded digital content illegally had dropped from over 49 percent to just 29 percent for the 6 months prior to their survey, data that illustrate the impact of the authority’s actions (eBouqin, January 24, 2012). Music (at 57 percent) and videos (at 48 percent) were most popular books interested only 29 percent of the infringing audience, a scale that might also hint at the limited interest that ebooks have among the general French audience. Overall, Hadopi is not speci cally strongly supported by the book publishing community. Fifty-six of the infringements investigated under Hadopi were by men, and 42 by women, with those aged 15 to 24 by far the most active (with 70 percent admit- ting illegal downloads). Research on ebook piracy in France is carried out with yearly reports by Le Motif, an organization spon- sored by the Ile-de-France region. Its ambition is to have an “observatory” for the “book in the region,” which includes an annual survey on ebooks, both legal and illegal. In its last update, published in March 2012 and including mostly 2011 data, Le Motif documents a con- tinuous rise in available illegal ebook titles—from 4,000 to 6,000 in 2009 to between 11,000 and 14,000 at the time of the study. A detail from France is the remarkable share of ebooks from BD (bande desinnée, or comics, graphic novels, and manga), which currently accounts for 8,000 to 10,000 of the illegally available works (Ebookz 3, Etude sur l’o re numérique illegal des livres français sur Internet en 2011, 3e année, http://bit.ly/ QIEE6t). The study argues that based on 3,000 to 4,000 “easily available trade titles” at illegal sites, just 1 percent of legal print o erings has been e ectively pirated, versus around 25 percent of the overall 35,000 to 40,000 avail- able BD titles. Remarkably, only 44 of the singled-out BD Education, Georg Thieme, HarperCollins, Hogrefe, Macmillan Publishers, Cengage Learning, John Wiley & Sons, the McGraw-Hill Companies, Oxford University Press, Springer, Taylor & Francis, C. H. Beck, and Walter De Gruyter (The Bookseller, February 2, 2012). The strategy of concerted action for tracking pirated works at illegal online libraries and engineering the shutdown of such sites was pioneered by the British Publishers Association (PA). Introducing the Copyright Infringement Portal (CIP), the PA launched a dedicated web service for its members that crawls the Web on a daily basis to track titles that have been listed by the service’s customers. Whenever a title is identi ed as being o ered for download without the authorization by the rights holder, a takedown notice is sent to the web- master of the concerned site. To both increase the impact of the service and promote its e ectiveness, the CIP displays on its home page detailed statistics about its crawling activities, the e ective number of titles that have been cleared successfully, and the illegal hosting sites with the best and the worst track records of compliance. In a brochure issued by the PA, takedown rates were documented by country, with compliance rates of over 90 percent for territories and countries such as Hong Kong, Gibraltar, or Cyprus and signi cant levels for coun- tries such as Russia (71.69 percent), China (65.75 per- cent), or the Ukraine (60.69 percent). France In France, the High Authority for the Di usion of Works and the Protection of Rights on the Internet (“Haute Autorité pour la di usion des oeuvres et la protection des droits sur internet,” or Hadopi) was formed by a law implemented in 2010. Its goal is to promote and encour- age legal o ers to ght infringements. One of the main actions of the authority is to send warnings to consum- ers who are infringing copyright law. In a controversial “three strikes” approach, a user can ultimately be banned

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69 : The Global eBook Market: Current Conditions & Future Projections from accessing the Internet for a certain period of time after being found guilty three times. In January 2012, Hadopi released a study arguing that the percentage of French consumers who admit to having downloaded digital content illegally had dropped from over 49 percent to just 29 percent for the 6 months prior to their survey, data that illustrate the impact of the authority’s actions (eBouqin, January 24, 2012). Music (at 57 percent) and videos (at 48 percent) were most popular books interested only 29 percent of the infringing audience, a scale that might also hint at the limited interest that ebooks have among the general French audience. Overall, Hadopi is not speci cally strongly supported by the book publishing community. Fifty-six of the infringements investigated under Hadopi were by men, and 42 by women, with those aged 15 to 24 by far the most active (with 70 percent admit- ting illegal downloads). Research on ebook piracy in France is carried out with yearly reports by Le Motif, an organization spon- sored by the Ile-de-France region. Its ambition is to have an “observatory” for the “book in the region,” which includes an annual survey on ebooks, both legal and illegal. In its last update, published in March 2012 and including mostly 2011 data, Le Motif documents a con- tinuous rise in available illegal ebook titles—from 4,000 to 6,000 in 2009 to between 11,000 and 14,000 at the time of the study. A detail from France is the remarkable share of ebooks from BD (bande desinnée, or comics, graphic novels, and manga), which currently accounts for 8,000 to 10,000 of the illegally available works (Ebookz 3, Etude sur l’o re numérique illegal des livres français sur Internet en 2011, 3e année, http://bit.ly/ QIEE6t). The study argues that based on 3,000 to 4,000 “easily available trade titles” at illegal sites, just 1 percent of legal print o erings has been e ectively pirated, versus around 25 percent of the overall 35,000 to 40,000 avail- able BD titles. Remarkably, only 44 of the singled-out BD Education, Georg Thieme, HarperCollins, Hogrefe, Macmillan Publishers, Cengage Learning, John Wiley & Sons, the McGraw-Hill Companies, Oxford University Press, Springer, Taylor & Francis, C. H. Beck, and Walter De Gruyter (The Bookseller, February 2, 2012). The strategy of concerted action for tracking pirated works at illegal online libraries and engineering the shutdown of such sites was pioneered by the British Publishers Association (PA). Introducing the Copyright Infringement Portal (CIP), the PA launched a dedicated web service for its members that crawls the Web on a daily basis to track titles that have been listed by the service’s customers. Whenever a title is identi ed as being o ered for download without the authorization by the rights holder, a takedown notice is sent to the web- master of the concerned site. To both increase the impact of the service and promote its e ectiveness, the CIP displays on its home page detailed statistics about its crawling activities, the e ective number of titles that have been cleared successfully, and the illegal hosting sites with the best and the worst track records of compliance. In a brochure issued by the PA, takedown rates were documented by country, with compliance rates of over 90 percent for territories and countries such as Hong Kong, Gibraltar, or Cyprus and signi cant levels for coun- tries such as Russia (71.69 percent), China (65.75 per- cent), or the Ukraine (60.69 percent). France In France, the High Authority for the Di usion of Works and the Protection of Rights on the Internet (“Haute Autorité pour la di usion des oeuvres et la protection des droits sur internet,” or Hadopi) was formed by a law implemented in 2010. Its goal is to promote and encour- age legal o ers to ght infringements. One of the main actions of the authority is to send warnings to consum- ers who are infringing copyright law. In a controversial “three strikes” approach, a user can ultimately be banned

Page 6English-Language and Other eBook Markets click to expand contents

Page 14Market Close-ups click to expand contents

Page 53Key Drivers and Debates click to expand contents

Page 66eBook Piracy in Europe: The Example and Debate in Germany, and Related Findings click to expand contents

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