Share and enjoy, part 2
17/12/2007
What consequences should illegal file-sharers face?
Software expert
Ian Moulster
Microsoft
Illegal filesharing is a strange kind of crime. Of course, there’s no doubt it is a crime and, like most crimes, it’s worth looking at it from the point of view of the victims to get a perspective on what consequences might be appropriate. So, who are the victims? Actually, although the popular impression is that the victims are large corporations with lots of money, the truth is that almost anyone can become a victim. Some years ago, I recorded a series of training videos that were sold over the web. It turns out later that they were being shared on a peer-to-peer network, which obviously impacted my sales. The feeling of helplessness and real anger I suffered is still with me today when I think back to that time.
I think I’ve got over that episode, but I still don’t feel good about illegal filesharers. I know people will say that there are inequalities and imbalances of power in the world, and illegal filesharing is one way in which the little guy can fight back against the unfair power of corporations. But I think that sanctioning crime as a way of fighting a perceived inequality is a poor strategy, and I don’t think we’re anywhere near being able to justify it as a course of action.
So, what consequences should illegal filesharers face? I think they should be prosecuted for copyright infringement. It’s as simple as that.
Ian Moulster is senior product manager in Microsoft’s Developer & Platform division in the UK
Interactive media
Paul Dawson
Conchango
A pat on the back for challenging the existing, inherently flawed attitudes towards licensing, and maybe, just maybe, starting to change things!
Paul heads the user experience, design, branding and digital strategy team at Conchango, one of the UK’s top interactive agencies
Hosting expert
David Price
Lycos UK
Piracy undermines the growth of legitimate businesses and, in the long run, damages everyone. Latest reports suggest that 2.6 billion files (music, software and games) are illegally downloaded over the internet monthly. So, while on the one hand, piracy is an incredibly serious issue, it’s also one where the biggest perpetrators need to be stopped, to try to close down the issue (rather than trying to reach each and every user).
A campaign targeting the biggest filesharers (the small number uploading and downloading gigabytes of material 24/7) should cut the supply of files at source, thereby gradually diminishing the number of files available, making illegal filesharing less attractive to the majority. In order to make this work, it’s vital that those who share files illegally should be punished. Their activities should always risk serious court action, and for major-league players, a prison sentence should be involved.
David is UK head of product development at Lycos Web Hosting, a division of Lycos that offers a hosting package for new and professional web developers
Web app expert
Deri Jones
SciVisum
It’s hard to see too many good guys and too many bad guys in the mush that is filesharing at the moment. Copyright infringement isn’t quite the same as stealing, but it has got law behind it (although intellectual property law itself is at different stages around the world). You can patent software in the US, but not (yet) in Europe. Microsoft alone is involved in more than 40 software patent court cases, from both sides, but mostly defending.
It’s hard on a moral basis to argue that the illegal filesharers are good guys, but the entertainment business seems intent on home-goaling. The recent US case of Capitol vs Foster is a prime example. In that instance, the record company tried to sue a single mum for illegal downloading after the daughter had already been found guilty. The mother had never fileshared in her life, but they went after her because she paid for and provided the broadband connection. Not the best way to win hearts and minds.
The entertainment industry is keen to argue that it "cannot compete with free, but there are other markets where competing with free doesn’t mean the end of the world. Bottled water companies do astonishingly well at it. Some ISPs, such as like America Online, do it. Every bookstore and branch of Blockbusters seem to manage OK despite competing with free libraries. Even Microsoft Windows has done OK so far, despite free Linux (although with Ubuntu and all making very good desktop distributions, this will be an interesting space to watch).
Deri Jones is CEO of SciVisum, a web and application testing service based in Kent
Media & PR expert
Tim Gibbon
Elemental Communications
From reports I’ve seen, offenders can be sued for the number of illegal content (per content item) that they’ve downloaded, which will vary depending on the individual’s usage. It’s probably the most common-sense approach from a legal perspective, but for minors, the burden will be thrust upon their parents or guardians. You could argue that they should be aware what their children are doing online, but how do you police a teenager 24-7?
Bar blocking certain sites (which most people are not clued up on doing anyway), some parents may not be savvy enough to keep abreast of what’s going on. I expect examples are made of illegal filesharers to ensure the message is continually hammered home. However, aren’t energies equally served with a two-pronged strategy in identifying and bringing individuals that make filesharing possible to book?
It’s a shame to see that artists such as Radiohead are taking steps to circumvent the challenges the web brings (including the illegal download of their music) in offering fans the opportunity to purchase their album at a cost they think it’s worth. The jury is out on marketing genius or woeful belief in people’s integrity and fan loyalty. I guess the reported average by several publications putting the cost of the album at an average of -4 speaks volumes (which is apparently open to interpretation by the band’s representatives and research analysts). More interestingly, the album was reported to have been downloaded 500,000 times by “fans” from filesharing sites, even though they could have got it for free from the Radio head site directly. Maybe free isn’t really free, unless it’s from a filesharing site?
Perhaps a compromise would be more realistic for sharing participants and set the punishment as following: Firstly, a monetary fine that can be repaid by the individual and their guardians. Let’s face it, charging per illegal piece of illegal content could become virtually impossible to repay, even though the thought of scaring the living daylights out of the above is sending a strong message. Secondly, good old-fashioned community service. Perhaps teaching the elderly in care homes how to use computers responsibly, so that offenders are giving something back to society. Definitely something that’s related to the crime.
Tim is founder and director of Elemental Communications, a media communications consultancy that caters for traditional and digital media
Project manager
Ane-Marie Peter
on-IDLE
Illegal filesharing does, however, remain stealing. Fixed notice penalties for volume of material, in much the same way as speeding or anti-social behaviour is punished, could work well. The “I didn’t know it was wrong” defence should have more severe consequences. In the days when CDs had only just become commercially available, I was a pre-teen and spent hours recording mix tapes of songs I liked, but couldn’t afford the whole disc. The barrier of affordability has been lifted, with online stores selling single tracks. The nature of the internet is that of sharing. Illegal filesharing is also, on some level, subversive “fun” - a form of rebellion - as well as a good way to test or obtain software, music or video to test prior to purchasing. I know quite a few people who have increased the volume of music and movies they pay for legally, but only after sampling it via illegal filesharing. The question will remain as to where you draw the line between personal use and back-up copy and intentional theft. It’s definitely not a victimless crime - artists, record labels, distributors and shop owners all lose money on a product that should have been legitimately paid for.
Ane-Marie Peter is the co-founder of on-IDLE and has a background in business management, communication strategies and technology
Domain specialist
Eleanor Bradley
Nominet
As with many e-crimes, the issue isn’t as straightforward as it may initially appear. Authorities wishing to stamp out such practices face a number of challenges, the biggest of which is the sheer scale of illegal filesharing activities taking place across the internet. It’s surely an impossible task to track down every instance, which can lead to complaints of unfairness from those who are tracked down and penalised.
The technological battle of encryption is also intensifying, with those determined to share files illegally developing more sophisticated ways of staying at least one step ahead of their digital pursuers. This often leads to a growing strain on resources to continue the pursuit, which can be difficult to justify, particularly with such relatively small-scale successes being recorded. As a result, when filesharers are caught, they tend to feature in high-profile cases with harsh levels of punishment, aimed at providing a very public deterrent.
Despite these challenges, the copyright laws are there for a reason, and we would expect the relevant bodies to treat them seriously and take consistent and appropriate action against these practices.
It’s the lack of consistency and inappropriate levels of punishment in some high-profile cases that sometimes alienate the authorities and engender a certain level of sympathy for those breaking the law.
Eleanor Bradley is director of operations at Nominet UK, the country’s first and foremost authority for the .uk domain TLD
Communications guru
Rachel Hawkes
Elemental Communications
Illegal filesharing is certainly a problem, and we could be sitting here all day trying to work out a suitable punishment to fit the crime. Perhaps it’s my inner-PR speaking, but I think it would be more prudent to try to influence common perception; filesharing is in fact illegal and is in fact a crime.
Most of us aren’t generally programmed to break the law, perhaps the reason that filesharing is so prolific is because many filesharers see these files as intangible objects. It’s very different walking into HMV and sticking a CD in your backpack and walking out than using BitTorrent and downloading it “anonymously”. Yes, the latter is less risky, but it’s also an inanimate object - you can’t touch the MP3 files, you can’t flip through the CD booklet to look at the promo photo shoot, and you can’t stack them up on your CD shelf next to your hi-fi system.
I’m sure most everybody knows that yes, it’s wrong and yes, it’s illegal, but you’d have a hard time convincing most people that the moral issue is equal. That mindset needs to be challenged by educating the download generation. Just because it doesn’t feel like stealing doesn’t mean it isn’t.
Rachel Hawkes is an account director at Elemental Communications, a media communications consultancy that caters for traditional and digital media
Business developer
Steve Burnard
Adobe
Illegal filesharing, or to give it its more common name, theft, should be dealt with as per how the law currently treats theft. I don’t think copyright theft should be treated any differently.
Consequences are obviously punishment, criminal record, etc. Should we do anything else? Take away their mouse mats? Let the courts decide! Of course, you can argue that the courts may not be equipped to decide, but let us not be swayed, theft is theft. Possibly more education could be used here. There are a staggering amount of people who do not see it as theft. Maybe we should make them work in a recording studio alongside recordingartists and show them how a lot of people in the recording chain are affected by this, from the recording engineer to the cover designer.
Steve is a business development manager for Adobe, and is responsible for creating and driving the technical sales and positioning of Adobe’s products for web, video and e-Learning in the UK & Eire
