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The Ethics of Peer-to-Peer File Sharing by Valerie L. Patterson, Ph.D. Key Concepts The following concepts should/will be covered in this module: Artist's Rights Intellectual Property Illegal File Sharing Peer to peer networks and applications Ethical dilemmas and value conflicts Ethical relativism Federal legislation targeting copyright and intellectual property rights The Victimless Crime Argument Ethics and decision-making Piracy Deterrence and Education Act (PDEA) of 2004 The Artists' Rights and Theft Prevention Act of 2004 The Author, Consumer, and Computer Owner Protection and Security Act (HR 2752) The Digital Millennium Copyright Act U.S. Copyright Law Recording Industry Association of America Artists' Rights - reflect the rights of artists as protected starting at the time the work is created in a tangible form. Work that has been created for the first time in a tangible form on or after January 1, 1978 has received automatic protection from the moment of creation, and lasting through the lifetime of the artist, plus an additional 70 years after the artist's death. This is the copyright protection afforded artists in the United States. Copy-right law varies from nation to nation. Intellectual Property - is a term used to reflect the ownership of creations of the mind. The owner/creator of the intellectual property has the ability to leverage their creative work in multiple areas including for financial gain. The owner of the intellectual property is also afforded legal protection of their creative work. Peer-to-peer file-sharing - Peer-to-peer (P2P) file-sharing occurs with the use of a software utility that gives the user the ability to download any type of file online directly from the computers of other members within a peer network. U.S. Copyright Law - The Constitution indicates that - The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. United States Constitution, Article I, Section 8 (see www.loc.gov/copyright/) Copyright - is a form of protection provided by the laws of the United States (see Title 17, U. S. Code) to those creators of "original works of authorship,". These include literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection is available to both published and unpublished works (see www.copyright.gov) The Digital Millennium Copyright Act - is legislation designed to protect copyright by criminalizing the development of any technology created with the specific purpose of disabling mechanisms designed to protect copyrighted works. This legislation was passed by unanimous vote in the United States Senate on May 14, 1998. Ethical Dilemmas - are those situations that result when values are in conflict and compete. Ethical dilemmas are those situations in which any possible course of action involves both right and wrong. Ethical Relativism is the belief that what is right or wrong varies from culture to culture. Hinman (n.d.) argues that in ethics, two main types of relativism exist. One is descriptive ethical relativism that claims as a matter of fact that different people or groups have different moral beliefs. This form of relativism takes no stand on whether those beliefs are valid or not. The other is normative ethical relativism which holds that that each culture's (or group's) beliefs are right within that culture, and that it is impossible to validly judge another culture's values from the outside. (For further elaboration on this subject, see the module on Moral Relativism.) H. R. 2517 - The Piracy Deterrence and Education Act of 2004 - a bill introduced in the House of Representatives by Congressmen Smith, Berman, and Conyers to enhance criminal enforcement of copyright laws, educate the public about the application of copyright law to the Internet, and clarify the authority to seize unauthorized copyrighted works. H.R. 2752 - The Author, Consumer, and Computer Owner Protection and Security Act - a bill sponsored by Congressman John Conyers, Jr. to encourage the development and distribution of creative works by enhancing both domestic and international enforcement of copyright laws, and for other purposes. S. 167 - Artists' Rights and Theft Prevention Act of 2005 - a bill sponsored by Senator Orrin G. Hatch to provide for the protection of intellectual property rights and other purposes. The Victimless Crime Argument - relates to the behavior of an individual that is prohibited by law, but does not violate the rights of, or threaten to harm to, individuals in society. Recording Industry Association of America - is a trade group that currently represents a large number of private corporate entities in the recording industry in the United States. The association was formed in 1952 and its members are responsible for the creation and distribution of approximately 90% of recorded music sold in the United States.

The Ethics of Peer-to-Peer File Sharing

by Valerie L. Patterson, Ph.D.

Key Concepts

The following concepts should/will be covered in this module:

Artist's Rights
Intellectual Property
Illegal File Sharing
Peer to peer networks and applications
Ethical dilemmas and value conflicts
Ethical relativism
Federal legislation targeting copyright and intellectual property rights
The Victimless Crime Argument
Ethics and decision-making
Piracy Deterrence and Education Act (PDEA) of 2004
The Artists' Rights and Theft Prevention Act of 2004
The Author, Consumer, and Computer Owner Protection and Security Act (HR 2752)
The Digital Millennium Copyright Act
U.S. Copyright Law
Recording Industry Association of America

Artists' Rights - reflect the rights of artists as protected starting at the time the work is created in a tangible form. Work that has been created for the first time in a tangible form on or after January 1, 1978 has received automatic protection from the moment of creation, and lasting through the lifetime of the artist, plus an additional 70 years after the artist's death. This is the copyright protection afforded artists in the United States. Copy-right law varies from nation to nation.

Intellectual Property - is a term used to reflect the ownership of creations of the mind. The owner/creator of the intellectual property has the ability to leverage their creative work in multiple areas including for financial gain. The owner of the intellectual property is also afforded legal protection of their creative work.

Peer-to-peer file-sharing - Peer-to-peer (P2P) file-sharing occurs with the use of a software utility that gives the user the ability to download any type of file online directly from the computers of other members within a peer network.

U.S. Copyright Law - The Constitution indicates that - The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. United States Constitution, Article I, Section 8 (see www.loc.gov/copyright/)

Copyright - is a form of protection provided by the laws of the United States (see Title 17, U. S. Code) to those creators of "original works of authorship,". These include literary, dramatic, musical, artistic, and certain other intellectual works. Copyright protection is available to both published and unpublished works (see www.copyright.gov) The Digital Millennium Copyright Act - is legislation designed to protect copyright by criminalizing the development of any technology created with the specific purpose of disabling mechanisms designed to protect copyrighted works. This legislation was passed by unanimous vote in the United States Senate on May 14, 1998.

Ethical Dilemmas - are those situations that result when values are in conflict and compete. Ethical dilemmas are those situations in which any possible course of action involves both right and wrong.

Ethical Relativism is the belief that what is right or wrong varies from culture to culture. Hinman (n.d.) argues that in ethics, two main types of relativism exist. One is descriptive ethical relativism that claims as a matter of fact that different people or groups have different moral beliefs. This form of relativism takes no stand on whether those beliefs are valid or not. The other is normative ethical relativism which holds that that each culture's (or group's) beliefs are right within that culture, and that it is impossible to validly judge another culture's values from the outside. (For further elaboration on this subject, see the module on Moral Relativism.)

H. R. 2517 - The Piracy Deterrence and Education Act of 2004 - a bill introduced in the House of Representatives by Congressmen Smith, Berman, and Conyers to enhance criminal enforcement of copyright laws, educate the public about the application of copyright law to the Internet, and clarify the authority to seize unauthorized copyrighted works.

H.R. 2752 - The Author, Consumer, and Computer Owner Protection and Security Act - a bill sponsored by Congressman John Conyers, Jr. to encourage the development and distribution of creative works by enhancing both domestic and international enforcement of copyright laws, and for other purposes.

S. 167 - Artists' Rights and Theft Prevention Act of 2005 - a bill sponsored by Senator Orrin G. Hatch to provide for the protection of intellectual property rights and other purposes.

The Victimless Crime Argument - relates to the behavior of an individual that is prohibited by law, but does not violate the rights of, or threaten to harm to, individuals in society.

Recording Industry Association of America - is a trade group that currently represents a large number of private corporate entities in the recording industry in the United States. The association was formed in 1952 and its members are responsible for the creation and distribution of approximately 90% of recorded music sold in the United States.