The Ethics of Peer-to-Peer File Sharing
by Valerie L. Patterson, Ph.D.
Overview
Setting the stage: Questions to think about Is it unethical to download music? When peer-to-peer file sharing occurs, is anyone harmed? Should you accept audio and video files from others who have not purchased them? Should you accept audio and video files from others who have purchased them? How does the concept of intellectual property relate to core ethical values? Who should be responsible for ensuring that artistic copyright is protected -- the government, artists, or individual consumers? What are the ethical implications of peer-to-peer file sharing and downloading?
Introduction Peer-to-peer file-sharing (P2P), the process of making files available to others to download over the internet or other networks continues to be a popular method for securing music even though the media has recently publicized court cases filed by recording industry organizations against P2P sharing of copyrighted material. Evangelista (2005) points to attempts made by the recording and movie industries to counter and stem the tide of file sharing “by filing about 10,000 lawsuits against users and initiating education campaigns,” but even with these initiatives the online activity remains “alive and well”. The Recording Industry Association of America (RIAA) is a critical stakeholder in the issue of peer-to-peer file sharing. The association was formed in 1952, and it currently represents a large number of private corporate entities in the recording industry in the United States. RIAA and its members are responsible for the production and distribution of approximately 90% of recorded music sold in the United States (Recording Industry Association of America, 2006). RIAA’s mission is reflected in its worldwide efforts to protect the intellectual property rights of artists, and these efforts have included lawsuits that it has filed against those it feels are responsible for illegally pirating and sharing copyrighted music. As recently as April of 2006, the Recording Industry Association of America (RIAA) sued 235 suspected file sharers (Bylund, 2006).
In this module, students will learn to identify, discuss, and assess the ethical implications of file sharing over computer networks and the Internet.
They will also be introduced to the major components of the debate focusing on the ethical/moral elements of file sharing. Students will examine ethical arguments from proponents and opponents in this arena. Students will examine congressional response to this issue, and will also examine recent court cases on file sharing.
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