ethics and law

[tamaranth]

Via BoingBoing, an illegal download is not necessarily unethical.

Which is the distinction I was probably trying to make in last year's post re PirateBay.

Lately:
- I've purchased ebooks that I already own in dead-tree versions, and didn't that turn out well;
- I've downloaded an illegal copy of a CD I own that won't play any more;
- I've even *gasp* done it the other way round, and bought a legal copy of a movie after watching a downloaded version.

There are some shades of grey here, and some ethical issues, that could do with test cases. (Do not get me started on the Digital Economy Bill. Though presumably they cannot prosecute* if you are using illegal-content websites but downloading / sharing files that are not illegal, e.g. out-of-copyright musical performances and public-domain text.)

*but will have a bloody good go, or rather will not give a damn what you are downloading

Comments

Hadrian's Firewall

[nils.livejournal.com]

Presumably they will go for banning/blocking any illegal-content (or potentially illegal-content) websites. Quicker and easier than prosecuting.

(It remains to be seen if they'll be blocking the likes of YouTube and google...)

Re: Hadrian's Firewall

[marypcb.livejournal.com]

have a balanced and nuanced approach to dealing with the issue? that must be some other media industry you're thinking of than the one that employs lawyers to send out threatening letters to grandmothers.

the question is how you distinguish an 'illegal' torrent from a legal WoW update on torrent from my viral cat videos on torrent. deep stateful packet inspection AKA spying on everything everyone does online? or just protocol detection and kneejerk letters? gosh, I do wonder which will happenn

[andrewducker]

Scalzi agrees with you:
http://whatever.scalzi.com/2010/04/07/on-how-many-times-i-should-get-paid-for-a-book/

[autopope.livejournal.com]

Here's another situation where downloading a book is ethical, if illegal:

* The author's dead

* The book is out of print and the rights have reverted to the literary estate

* The literary estate are unwilling or unable to license republication rights

Under these circumstances, the only place you can find a copy of the book are in a library (if you're lucky) or a second-hand bookshop. Libraries might pay the estate some PLR money per loan, if anyone's remembered to sign up for it .. second hand shops won't. And if you can't find it in your local library because the author isn't noteworthy/popular, you might as well download it with a completely clear conscience.

(At least, that's my take. (Paying authors: good. But what if there's nobody left to pay?)

See also: Bob Shaw, John Brunner (minor works thereof), and so on.