Tuesday 14 April 2015

Is downloading really theft?

This is what the corporate elites who buy our gov's want us to believe:


But is it really theft? In the true sense of the word? Surely in this information age, watching something for free that has been put behind a pay-wall is not the same as stealing a whole television set? It may even lead you to buy other merchandise associated with said "illegal" download, stuff that you never would have bought had you not watched the show.

The Conversation has a fascinating discussion on this:
Excluding theft Despite their currency, both of these positions are overdrawn and seem at odds with moral common sense. The fundamentalist protector position is problematic because there are clear and morally relevant differences between stealing someone’s handbag and illegally downloading a television series. 

In common theft, the owner of property is entirely deprived of its use, as well as their ability to share it and dispose of it as they choose. Common theft is zero-sum: when I steal your handbag, my gain really is your loss. 

The same is not true when I download a digital file of your copyrighted property. In downloading your film, I have not excluded you from its use, or your ability to benefit from it. I have simply circumvented your ability to exclude me from its use. To draw an analogy, this seems more like trespassing on your land than taking your land away from you. 

Criminal sanctions seem warranted in thefts where one person’s gain is very clearly another person’s loss. But things are not so clear when the relationship between gain and loss are more complex. 

And of course there are ways that owners of intellectual property can gain, overall, from infringements of their rights. The more accessible their products become, the more people may want to consume them. This certainly seems to be the case with products like Game of Thrones, a fact recognised by its producers. more  

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