ANALISIS PERAN UNI EROPA TERKAIT PELANGGARAN HAK KEKAYAAN INTELEKTUAL DALAM AKTIVITAS ILLEGAL DOWNLOADING STUDI KASUS: THE PIRATE BAY

Abstract

The Pirate Bay is one of the gigantic peer-to-peer (P2P) sites with the origin server was Sweden
which until now has become a portal for illegal downloading activities in the digital world.
Praised and favored combined with defense mechanisms makes the site that released in 2003 is
still working. Even though it highly criticized by various backgrounds such as the state, industry,
even the international organizations the site remains exist as a liability threat as infringement of
right-holders in the digital world. Categorized as cybercrime, the European Union has intention
to overcome intellectual property rights violations that are actualized through the Pirate Bay’s
P2P platform. Regarding to the case study, through the Supranationalism principle and the
concept of Republicanism of Liberalism, the European Union plays a role in accordance with the
authority, as initiator of legal products which has mutual agreements among its members,
including legal consequences relating to the issue of indirect violations of intellectual property
rights. In addition, the role of the European Union is also based on the Spillover effect scheme,
in which the European Union's efforts are to address intellectual property violations, moreover
the other cybercrime issues. Start by overcoming The Pirate Bay as analogical step by sweep-out
digital-age of piracy as a symbol of an Eropean Union resistance and supremacy against the giant
pirates of the digital ocean.