Sociological Perspectives on Media Piracy in the Philippines and Vietnam

273 Pages·2016·4.34 MB·English

by  Vivencio O. Ballano (auth.)

Vivencio O. Ballano
Sociological
Perspectives on
Media Piracy in
the Philippines
and Vietnam
Sociological Perspectives on Media Piracy
in the Philippines and Vietnam

Vivencio O. Ballano
Sociological Perspectives on
Media Piracy in the
Philippines and Vietnam
Vivencio O. Ballano
St. Paul University
Quezon City , Philippines
ISBN 978-981-287-920-2 ISBN 978-981-287-922-6 (eBook)
DOI 10.1007/978-981-287-922-6
Library of Congress Control Number: 2015953438
Springer Singapore Heidelberg New York Dordrecht London
© Springer Science+Business Media Singapore 2016
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Acknowledgments
This book on media piracy in the Philippines and Vietnam is a product of a long and
painstaking fi eldwork, sociological research, and writing. This would not have been
possible without the generous help from several people and organizations.
T he research data in the Philippines which focused on optical media piracy in
Quiapo Barter Trade Center Complex in the city of Manila and its affi liate networks
in Metro Manila and nearby provinces would not be a reality without the generous
assistance and expertise of several people who assisted the author in his entire fi eld-
work. The author is thankful for the research grant of the Japan and Toyota
Foundations which fi nanced his postdoctoral fellowship under the Southeast Asian
Studies Regional Exchange Program (SEASREP) in 2012. This grant enabled him
to extend the scope of his dissertation research on media piracy to Vietnam. The
author is particularly grateful to the SEASREP Executive Director, Dr. Maria Serena
Diokno, and Program Offi cer, Ms. Imelda Adante, for facilitating the approval of his
postdoctoral research grant application.
With regard to his fi eldwork in the Philippines, the author is greatly indebted to
a community organizer (name withheld for security reason) of a local nongovern-
mental organization (NGO) in Quiapo when he started his data collection in 2010.
He assisted the author in his interviews with some key media piracy traders and
Muslim leaders in the Quiapo Barter Trade Center Complex on the optical disc
piracy trade operations. Without some of his inside knowledge of the trade—owing
to his close association with some piracy producers and distributors in the Quiapo
Muslim enclave—and guidance during the entire fi eldwork in the area, the author’s
sociological analysis on the persistence of media piracy in the country would not
have gone beyond mass media reports.
T he author is also indebted to two former Optical Media Board (OMB) Chairmen
and OMB key offi cers who graciously accommodated his interviews and shared
their experience and personal knowledge on the optical disc piracy operations in the
Philippines. The author expressed his heartfelt thanks to his key informants, Muslim
leaders, and law enforcers for enriching his sociological analysis on the media
piracy problem in the country.
v
vi Acknowledgments
His fi eldwork in Vietnam was made possible by the generous help of his Filipino
and Vietnamese friends. In particular, the author is greatly thankful to Sr. Azucena
Nate, SPC, for introducing him to a Vietnamese contact (whom he cannot identify
for security reason) who, in turn, introduced him through electronic media to his
key informants in Ho Chi Minh City. The author is highly indebted to his interpreter
and tour guide (name withheld for security reason) during his fi eldwork in Ho Chi
Minh City. He thanked his friends and key informants in Vietnam who shared their
personal knowledge on media piracy and protection racket in the city.
Finally, the author is grateful to Dr. Ricardo Abad, his professor and dissertation
adviser, and to all his professors and friends in the Sociology and Anthropology
Department of Ateneo de Manila University for providing him the necessary socio-
logical training and academic preparation to undertake this study. He is also grateful
to Springer Science+Business Media Singapore and all the reviewers, editors, and
editorial staff, especially Vishal Daryanomel, for making this book a reality. Lastly,
he would like to thank his wife Emily and his children Joanne Faye and Johann Karl
for their loving support and inspiration.
Sociological Perspectives on Media Pi racy
in the Philippines and Vietnam

Vivencio O. Ballano
vii

Contents
1 Introduction ............................................................................................... 1
1.1 Background of the Media Piracy Problem ......................................... 1
1.2 Media Piracy in the Philippines and Vietnam .................................... 3
1.2.1 Optical Disc and Digital Piracy ............................................. 4
1.2.2 Government Response ........................................................... 6
1.3 Understanding Media Piracy .............................................................. 9
1.4 Analyzing Media Piracy in Contemporary Global Society ............... 10
1.4.1 The Current Antipiracy Campaign ......................................... 11
1.4.2 “Piracy” as a Social and Ideological Construction ................ 12
1.4.3 Global Forces Sustaining Media Piracy ................................. 14
1.4.4 The Development Communication Approach
to Media Piracy ...................................................................... 17
1.5 The Book’s Sociological Approach ................................................... 20
1.6 Objectives of the Book ....................................................................... 21
1.7 Defi nition of Terms ............................................................................ 22
1.8 Theoretical Framework ...................................................................... 25
1.9 Methodology ...................................................................................... 27
1.9.1 The Roadmap of the Book ..................................................... 28
References ......................................................................................................... 31
2 U.S. Global Hegemony in Intellectual Property
and the Politics of Piracy and Resistance................................................ 33
2.1 Understanding Power and Hegemony ................................................ 33
2.2 U.S. Hegemony in Intellectual Property Trade .................................. 35
2.3 Law as a Maker of Hegemony ........................................................... 37
2.3.1 The Role of NGOs and Top U.S. IP Companies .................... 39
2.3.2 Legal Tools for U.S. IP Hegemony ........................................ 40
2.3.3 The Role of Multilateral and Regional Institutions ............... 42
2.3.4 Free Trade Agreements (FTAs) and IPR Protection .............. 43
2.4 Social Resistance and U.S. IP Hegemony .......................................... 45
2.4.1 Law as a Maker of Resistance ................................................ 46
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