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Porn Studies
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Porn piracy: an overlooked

phenomenon in need of academic
investigation
Steven C. Brown

Glasgow Caledonian University, UK

Published online: 24 Jul 2014.

To cite this article: Steven C. Brown (2014) Porn piracy: an overlooked phenomenon in need of
academic investigation, Porn Studies, 1:3, 342-346, DOI: 10.1080/23268743.2014.930586
To link to this article: http://dx.doi.org/10.1080/23268743.2014.930586

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Porn piracy: an overlooked phenomenon in need of academic investigation

As Butler (2011) reports: Like the music industry, pornographers are struggling to
persuade their audience to pay for what they watch. The collapse of traditional
supply and demand in this industry offers up fascinating research avenues (with real
impact) for scholars, and yet there has been no observable interest in porn
piracy. Why?
In one of the few texts to allude to porn piracy, Craig, Honick, and Burnett
explain matter-of-factly that: No-one seems to care about the theft of the
pornography (2005, 178). Although the problems of pornography are endlessly
rehearsed, digital piracy of pornography is seldom discussed in the media and
rarely features in academic discussions (see Watson, Zizzo, and Fleming 2014), yet
piracy may prove to be the greatest threat the industry has faced. Already facing
challenge from the rise of amateur porn (videos uploaded by non-performers, often
accessible for free) amongst other obstacles,1 consumers decreased willingness to
pay complicates conventional supply-and-demand business models for porn producers. With committed services such as Porn Guardian (an organization that finds and
removes infringing links to adult content online), the adult industry is not without
the tools to combat porn piracy. Nate Glass (2013) of Takedown Piracy (a similar
take-down service) reports that the recent Nemesis programme has been
particularly successful in removing pirated movies and scenes.
Considering all forms of digital piracy in harmony may prove unproductive, as
Jacobs et al. explain: In the discussion of downloading activity, music, movie and
software downloading are often not differentiated, which can naturally lead to
inaccurate conclusion (2012, 959). Indeed, in Digital Piracy: An Integrated Theoretical Approach, Higgins and Marcum (2011) explore the relevance of various
theories across software, music and movie piracy independently. Put simply, the
motivations for consuming pornography may be unique, and as such the motivations
behind porn piracy are likely to be very specific. For this reason, conclusions drawn
from research into movie piracy more broadly may not be relevant.
Moreover, the actual economic impacts of digital piracy may not be clear or
generalizable. Discussing music piracy, Tschmuck (2012) explains that there is no
real evidence to suggest that file-sharing has a negative impact on recorded music
sales. As with other criminal activities, hard data on piracy across all types of media
are elusive. As a result, research into the economics of digital piracy largely relies on
estimations, mostly using economic modelling or self-reported behaviours. Adopting
different methodologies and theoretical approaches, the results of different studies
cannot be considered collectively: this is problematic.
As Brown, Esbensen, and Geis explain, public response to crime and criminals is
largely based upon views regarding the seriousness and magnitude of the crime
2014 Taylor & Francis

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problem (2007, 83). As Brown (2013) observes, the most common excuse used to
justify digital piracy is a denial of injury. In other words, pirates are able to
rationalize their behaviours as they do not see any real negative impact occurring as
a result of their actions. A consistent finding across the broader piracy literature,2
individuals engaging in porn piracy may be particularly likely to justify their illegal
behaviours in this way as little is known of pornographers in the real world. Highprofile musicians and actors are visible to the public, depicted across various media
outlets: pornographers are not. In the absence of real evidence to suggest that digital
piracy has a significantly negative impact on the creative industries (including the
porn industry), it is unrealistic to expect pirates to amend their behaviours. Put
simply, with no obvious harm coming to known individuals as a consequence of
porn piracy, and with piracy being a low-risk activity, why would individuals not
want to watch adult movies for free?
Citing the effects of approximately 27,000 lawsuits by the Recording Industry
Association of America against peer-to-peer users (individuals who illegally swap
digital media online) between 2003 and 2008, Karaganis (2011) sees no evidence that
such efforts have made any real impact on piracy. In Regulating Code: Good
Governance and Better Regulation in the Information Age, Brown and Marsden
(2013) explain that more litigation leads to more encryption, specifically citing the
prosecution of Megaupload as leading to more advanced cyberlockers. As Higgins
and Marcum explain: Unfortunately, there are always savvy Internet users that
seem to outsmart technology faster than it can be produced (2011, 78). For this
reason, the chances of being prosecuted are very low.
Porn piracy, in particular, is very low risk. Exploring the complications of the
Digital Millennium Copyright Act 1998 in some depth, Yagielowicz and Pardon
(2012) note that tackling tube sites (similar to YouTube, such sites allow users to
upload video clips) is a cat-and-mouse game. Alec Helmy, founder and president of
XBIZ (a trade magazine for porn production), argues that the Digital Millennium
Copyright Act has done more to sustain rampant content piracy than to stem it
(cited in Yagielowicz and Pardon). So long as piracy remains low risk, piracy is
likely to remain widespread.
Lessons from the music business, and returning to Jacobs et al.s (2012) research
which discovered that movie piracy is motivated by a desire for variety, suggest that
the porn industries best defence would be to adopt subscription models offering
exclusive content.3 Additionally, promoting awareness of what is and is not legal
may also prove worthwhile. In their report Copycats? Digital Consumers in the
Online Age, Hunt et al. (2009) explain that due to the volume of choices available
there is confusion over the legality of accessing media. Indeed, Kay (2012) showed
that 44% of all internet users over the age of 12 are either not particularly confident
or not at all confident about what is and is not legal online. With banner
advertisements and sponsored links from legitimate industry sources often present on
tube websites, the nature of paid-for and free content is increasingly blurred.
One particular reason for the lack of academic exploration into porn piracy may
be the general lack of research into pornographic content, production and consumption. Research into the motivations behind porn consumption patterns (both legal
and otherwise) would bring benefits not only to scholarly investigation of digital

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piracy, but to understanding consumer behaviour more generally. Exploration of

porn piracy may illuminate the increasingly prominent role the internet has in our
everyday lives (and its potential impacts on human sexuality).
Although academics may not have paid much attention to porn piracy, it is
certainly on the radar of the adult entertainment industry. In a recent interview,
Hollywood star Samuel L. Jackson seemingly lent his support to porn pirates when
he suggested that the tube site Redtube was the single biggest pop culture achievement of the last 50 years. The adult entertainment industry was outraged; star
Catalina Cruz complained that Hollywood vehemently opposes piracy when it
comes to mainstream movies but seems to think its OK for people to steal porn
content.
Employing workers in various roles, Tom Dennis of the Adult Industry Trade
Association suggested less work comes around because people arent supporting the
porn industry (cited in Kelsey 2012). As Hern (2014) reports, adult stars (supported
by publishers Adult Empire) have launched a campaign entitled Pay For Your
Porn to encourage consumers to pay for adult content and abandon the tube sites.
The official website explains that If you dont pay for porn, then no more will be
produced its as simple as that and labels pirated porn as stolen content. Such
pleas strongly suggest that piracy is indeed negatively affecting the industry; it is not
unrealistic to expect that reduced demand for paid-for adult content may encourage
performers to engage in riskier practices in order to maintain income.
Consideration of industry resources are good starting points for potential lines of
research: Yagielowicz (2013), a writer for XBIZ, notes that increasing ease of access
may have decreased the perceived value of pornography. A claim that could be
tested empirically as well as identifying ways in which pornography could be
optimally priced. Given the decline in the porn industry as a result of various factors
(including decreasing willingness to pay for content), future research should seek to
explore not only the problem of porn piracy, but also how it might be addressed.
Few studies have so far employed qualitative methodology, but those that have
offer rich understandings into the social dynamics of piracy engagement; empirical
research using qualitative methods can similarly expose revealing insights into porn
consumption more generally. In other words, by simply talking more openly about
porn consumption, much can be learned about people, their activities and their
impulses.
Finally, and moving beyond the effects porn piracy may have on the adult
entertainment industry, Piracy Buzz (2013) suggests piracy brings sexual content to
people who are far too young to understand and appreciate it. Given the worries
about porns accessibility, the issue of porn piracy and its effects on special
populations such as children may be a particular motivation for academic enquiry
of the phenomenon. A potentially rich area for research, it is also one with real
impact.

Notes
1. Most notably, in 2012 legislation was passed in Los Angeles, California (the hub of the US
porn industry) requiring permits to be secured before shoots, and for performers to wear
condoms. Despite widespread opposition from industry insiders, the legislation came into
force, and may have negative long-term repercussions. Streeter (2013) reports a marked

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345

drop in the number of permits sought, indicative of a reduced volume of adult movies being
produced. The impacts of the Safer Sex in the Adult Film Industry Act remain to be seen.
2. Another consistent (but not universal) finding is that young males are more likely to engage
in digital piracy. Can the same be said for porn piracy? An intuitive assumption, this
demands empirical investigation.
3. Many porn star websites already operate on a subscription basis.

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Steven Brown
Glasgow Caledonian University, UK