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The Ethics of Peer-to-Peer File Sharing by Valerie L. Patterson, Ph.D. ExtensionActivities In groups, have students identify and rank 5 problems/concerns related to peer-to-peer file sharing. Have each group present their list and discuss their rationale for selecting the problems/concerns that they identified. Have students complete a Stakeholder Analysis Inventory Have students read articles on both sides of the peer-to-peer file-sharing debate to identify, conceptualize and discuss the arguments related to ethics. Have students research key federal legislation related to copyright and digital media to identify sponsors, amendments and latest major action related to the legislation. Critical Readings Legal Perspective: Delgado, R. (2004, March). Law Professors examine ethical controversies of peer-to-peer file sharing. Stanford Report. Retrieved August 21, 2006, from http://news-service.stanford.edu/news/2004/march17/fileshare-317.html. This article presents the application of a legal critique and assessment of the practice of peer-to-peer file sharing. The author presents legal arguments that the criminalization of online file-sharing is problematic. The legal analysis presented suggests that the recording industry is using the intimidation factor to settle file-sharing cases. One legal scholar cited in the article asks what the RIAA is doing other than suing people and asserts that "It's an industry organization trying to use the law to protect themselves against competition" (Delgado, 2004). Against Peer-to-Peer File-sharing: Kidder, R. M., (2003, September). Downloading Music is Good. Cheating is Bad. Why Teens Say Both. Ethics Newsline. Retrieved from http://www.globalethics.org/newsline/members/issue.tmpl?articleid=0929031601299. This article examines the reasons why many teens perceive cheating as wrong, but fail to see downloading music as morally wrong. This author argues that ethics is at the core of the file-sharing issue. The author offers three remedies; helping young people understand the legal concept of intellectual property; developing new technology that inhibits file-sharing; and raising ethical issues at every turn. Article/Essay Supporting Peer-to-Peer File-sharing: Negativland Statement in Support of Peer-to-Peer File Sharing. (n.d.) Retrieved September 1, 2006, from http://www.eff.org/effector/HTML/effect15.06.html#VII. This statement presents the perspective of a group of musicians who form an independent band, on the issue of the Internet and peer-to-peer file sharing. The artists argue that recent copyright law betrays the original intent of United States copyright law while ignoring the basic human fact that culture evolves when it is shared. The artists also argue that peer-to-peer file-sharing is a very useful form of free advertising for the music they are attempting to sell. The band argues that a vocal and influential minority in the form of the 5 major companies that make up the mainstream record industry should not be allowed to change the basic technological foundation of an open Internet to suit their own corporate purposes. Useful Overview Thamm, E. (2003, November 24). Napster: Good Idea or Bad business sense? Retrieved September, 1, 2006, from George Mason University on-line research papers Web site: http://mason.gmu.edu/~ethamm/english%20webpage/paper.htm. This research paper written by a university student for an English course is an interesting examination of the creation of Napster and the development of peer-to-peer file-sharing technology absent of a consideration of the ethical implications of the technology.

The Ethics of Peer-to-Peer File Sharing

by Valerie L. Patterson, Ph.D.

ExtensionActivities

In groups, have students identify and rank 5 problems/concerns related to peer-to-peer file sharing. Have each group present their list and discuss their rationale for selecting the problems/concerns that they identified.
Have students complete a Stakeholder Analysis Inventory
Have students read articles on both sides of the peer-to-peer file-sharing debate to identify, conceptualize and discuss the arguments related to ethics.
Have students research key federal legislation related to copyright and digital media to identify sponsors, amendments and latest major action related to the legislation.

Critical Readings

Legal Perspective:

Delgado, R. (2004, March). Law Professors examine ethical controversies of peer-to-peer file sharing. Stanford Report. Retrieved August 21, 2006, from http://news-service.stanford.edu/news/2004/march17/fileshare-317.html.

This article presents the application of a legal critique and assessment of the practice of peer-to-peer file sharing. The author presents legal arguments that the criminalization of online file-sharing is problematic. The legal analysis presented suggests that the recording industry is using the intimidation factor to settle file-sharing cases. One legal scholar cited in the article asks what the RIAA is doing other than suing people and asserts that "It's an industry organization trying to use the law to protect themselves against competition" (Delgado, 2004).

Against Peer-to-Peer File-sharing:

Kidder, R. M., (2003, September). Downloading Music is Good. Cheating is Bad. Why Teens Say Both. Ethics Newsline. Retrieved from http://www.globalethics.org/newsline/members/issue.tmpl?articleid=0929031601299.

This article examines the reasons why many teens perceive cheating as wrong, but fail to see downloading music as morally wrong. This author argues that ethics is at the core of the file-sharing issue. The author offers three remedies; helping young people understand the legal concept of intellectual property; developing new technology that inhibits file-sharing; and raising ethical issues at every turn.

Article/Essay Supporting Peer-to-Peer File-sharing:

Negativland Statement in Support of Peer-to-Peer File Sharing. (n.d.) Retrieved September 1, 2006, from http://www.eff.org/effector/HTML/effect15.06.html#VII.

This statement presents the perspective of a group of musicians who form an independent band, on the issue of the Internet and peer-to-peer file sharing. The artists argue that recent copyright law betrays the original intent of United States copyright law while ignoring the basic human fact that culture evolves when it is shared. The artists also argue that peer-to-peer file-sharing is a very useful form of free advertising for the music they are attempting to sell. The band argues that a vocal and influential minority in the form of the 5 major companies that make up the mainstream record industry should not be allowed to change the basic technological foundation of an open Internet to suit their own corporate purposes.

Useful Overview
Thamm, E. (2003, November 24). Napster: Good Idea or Bad business sense? Retrieved September, 1, 2006, from George Mason University on-line research papers Web site: http://mason.gmu.edu/~ethamm/english%20webpage/paper.htm. This research paper written by a university student for an English course is an interesting examination of the creation of Napster and the development of peer-to-peer file-sharing technology absent of a consideration of the ethical implications of the technology.