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Culture War Roundup for the week of April 24, 2023

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I’d like to solicit themotte’s thoughts on the ethics of piracy. Specificlly movies, software, and music.

Sharing copyrighted data has been a part of the internet landscape for as long as there has been networked computers. I know it traces back to the bbs days and likely even earlier than that.

Back in the early aughts I was involved in a forum where we would scan for unsecured FTP servers and then fill them with the latest movie music and software releases straight from the groups who actually created and distributed the files. The beauty of this is that you were transferring between commercial networks so the speeds were ludicrous.

This was not long after Napster popularized file sharing and typical online user was very much of the opinion that copying data and sharing it was not equivalent to stealing. Maybe it was the circles I traveled in and my age at the time, but nearly everyone was ethically fine with downloading media. The only reason one wouldn’t do it was that there you needed some minimal level of technical know how to find more than just music on p2p networks. The only folks opposed to it were media corporations, some artists, and a small amount of corporate shills.

Once iTunes, steam, Netflix’s, Spotify, and other commercial options became available, most people stopped file sharing and simply bought media. It was a common to hear the refrain that piracy was a result of lack of access to media online. If there was ease of access and a fair price, most people would be happy to purchase software. This sentiment is still common but I sense it’s become less prominent over the last few years. The streaming environment has become quite fracutured and has impaired both the ease of access and price point for legally consuming media online.

The point of this post is to suggest that people’s opinion on the ethics of media piracy is diametrically opposed to where it was for most of the internets history. The median online opinion that I see is that piracy = theft. Many of these people are young and have been thought from an early age that piracy is not ethical. I suspect that many have also changed their opinion as they age and perhaps are not working at software/medi companies where piracy not affects them directly.

From a personal perspective, I stopped pirating media when iTunes and steam hit the market because it was in fact easier to obtain things legally and I was happy to pay.

That changed about 4 years ago when I realized that I could not in good conscience pay money to Hollywood and leftist game developers. I am happy to pirate their software and steal their movies because the alternative is so distasteful to me. I will occasionally really enjoy something and find the creators to be acceptable enough to support. In those cases I will purchase something after the fact to support people that I agree with. I encourage everyone to do the same. Enforcement of file sharing these days is non-existent. You can pretty much use the the pirate bay without worry and ignore the occasional email from you isp asking you to stop. Though there are many other alternatives out there that don’t take long to find.

I never felt invested in arguing about piracy simply because how unbelievably flimsy the whole idea of intellectual property is.

Utilitarian, practical angle: we use property claims, first and foremost, to avoid conflicts over scarce resources. Ideas and combinations of zeros and ones are not scarce. Maybe IP can be justified because it brings value by incentivizing creation? In the first place, I find it questionable that we should bring certain legal frankensteins into existence to maximize GDP per capita, but is this goal even achieved? How to price in costs of legal bickering over patents and lawsuits, big actors using IP to suppress potential competition? What about indirect consequences of curtailing individual freedoms and ever multiplying victimless crime legislation? Surely there's a better way to do this.

Deontological angle: Material and Intellectual property as similar things - intuitive at first glance analogy, after all we could say that creator makes a certain "thing" that he can then "own" because he made it. However, as mentioned before, IP is not scarce and IP holder loses nothing from piracy, and often gains in exposure and influence. Surely it's clear that this analogy doesn't really work. And how applying this ethical principle looks in reality? Is an Indian kid downloading a western textbook because he can't possibly afford buying western ip for dollars committing an ethically wrong act? Do people actually believe things like this? I imagine an IP advocate might bite the bullet and say that he commits a minor wrongdoing that is balanced out by him benefiting from the "theft" a-la a starving man being justified in stealing bread, but I find this whole thing laughable. Though not as laughable as I find calling breaking IP laws piracy. Ah, yes, sea-faring robbers and murderers is a very apt analogy for downloading certain combinations of zeros and ones. It's so absurd that I can't help but like it.

Edit: strongest argument in favor of IP was voiced by one of the other commenters - basically that by disregarding certain laws of the land, no matter what they are, we compromise our social fabric in an ever so small way. It's a real concern, though it would have more weight if our governments and laws were much closer to perfection than they are. I would rather put the blame squarely at legislators for outlawing mundane, victimless actions, making sure that a big chunk of the population will find themselves committing legal crimes at some point or another, which certainly doesn't benefit society.

Now excuse me, I have some torrents to unapologetically download. Yo ho ho and a bottle of rum.

Maybe IP can be justified because it brings value by incentivizing creation?

Um, yes? This is literally the entire and only reason IP exists, so the fact that you have it as one minor side point in your post suggests you've never actually thought seriously about this. A world without IP is a world without professional entertainment, software, or (non-academic) research. Capitalism doesn't deny you the free stuff you feel you richly deserve... it enables its existence in the first place.

IP is horribly abused in practice, the creators often get Pennie’s or less on the dollar especially in industries like print media.