Toward a New Framework for Digital Piracy: Rethinking Network and Digital Piracy in South Korea Beyond the "Social"

Abstract

This paper attempts to develop a nuanced theoretical framework to understand digital piracy beyond conventional binaries between legality and illegality, by proposing an integrated perspective on the technological, economic, and cultural dimensions of piracy. Digital piracy, historically framed as the antithesis of copyright, emerges from complex negotiations rather than stable legal definitions. Using South Korea as a case study, a country both lauded for its advanced IT infrastructure and scrutinized for rampant piracy, the paper examines the evolution of copyright law and its enforcement. The study critiques existing literature for neglecting the materiality and technical architecture of piracy networks. It argues that piracy cannot be reduced to simplistic narratives of criminality or romanticized ideals of free exchange or "sharing". Instead, pirate networks embody hybrid economies and practices, where motives range from altruistic sharing to profit-driven actions. Building on Actor-Network Theory (ANT), the paper emphasizes the role of non-human actors - such as servers, protocols, and software designs - in shaping these networks. By moving beyond human-centered approaches, it highlights the dynamics of technical and social elements in the formation and function of pirate networks. Finally, the paper questions the political implications of piracy, suggesting that its acts and networks challenge traditional notions of resistance and private property while reflecting the multifaceted realities of digital and globalized cultures. As a country that has transformed from a global piracy hotspot into a leading exporter of digital content, South Korea offers a compelling lens to examine how digital piracy is shaped by complex socio-technical and geopolitical dynamics. Through this exploration, the study contributes to a broader understanding of digital piracy as a phenomenon embedded in complex socio-technical systems.

Keywords:Digital PiracySouth KoreaNetworkCopyrightActor-Network Theory