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The Ethics of Peer-to-Peer File Sharing by Valerie L. Patterson, Ph.D. Background The following resources should be examined in preparation for the introduction of the module: Law professors examine ethical controversies of peer-to-peer file sharing. This article presents an examination of ethical controversies involved in peer-to-peer file sharing: http://news-service.Stanford.edu/news/2004/march17/fileshare-317.html. Pew Internet Project Data Memo, Two-thirds of those who download music files or share files online say they don't care whether the files are copyrighted or not. This report examines survey data on the downloading of files from the Internet. Respondents include students, college graduates, and parents, http://www.pewinternet.org/pdfs/PIP_Copyright_Memo.pdf. Pew Internet Project Data Memo, One in five downloaders has copied files from other people's iPODs or MP3 players - One in four gets files via email or instant messaging. This report examines survey data which presents attitudes related to file sharing via iPods, MP3 players and other mechanisms. http://www.pewtrusts.org/pdf/PIP_Filesharing_March05.pdf. Other classroom activities will include an examination of relevant case law, a thorough examination of recording industry policy, and role-playing that exposes the ethical dilemmas inherent in file sharing. Background for Teachers: The ethical implications of peer-to-peer file sharing (P2P) center on the concept of intellectual property. The legal implications relate to the issue of copyright law. Even though the practice of peer-to-peer file sharing has legal and ethical implications, it continues to be an everyday practice for many individuals, especially young adults. A study completed by the Pew Internet Project (Madden and Lenhart, 2003) determined that "young adults continue to dominate downloading." The study found that "students are also more likely to be music down-loaders than non students with fifty-six percent of full-time students reporting that they download music to their computers. Delgado (2004) asserts that "an estimated 70 million people engage in online file sharing" and that much of it is "illegal." Some suggest that teenagers and others have "employed every rationalization in the book to justify getting their favorite music for free" (Ethics Scoreboard, 2004). Ultimately, it is argued that illegal downloading and file-sharing will persist because "it will be hard to convince people that POPing (personal online pirating) is uncommon when the vast majority of their peers engage in it" (Hyman and Shanahan, 2006). One issue of relevance is determining where the responsibility lies for unlawful file-sharing that happens online. Survey data indicates that 49% of the respondents surveyed believe that the "companies that own and operate file-sharing networks" should be held responsible for unlawful file-sharing that happens online" versus 18% who believe that "the individuals who are sharing the music files" should be held responsible (Madden and Rainie, 2005). This issue is extremely important for younger adults in that many of the cases filed by the RIAA were made against the parents of those who were unlawfully downloading music. For example, Bylund (2006) writes about the case of Brittany Chan who was 13 when her mother was sued by the RIAA. The case against Brittany's mother was dropped after the RIAA could not produce evidence. Following that, a new case was filed against Brittany by the RIAA. Along with filing hundreds of lawsuits, the industry has also mounted an education campaign targeting youth because industry executives believe that "the industry's future may depend on its ability to teach youth as early as possible that file sharing is wrong" (Evangelista, 2005). Although the recording industry emphasizes the adverse impact downloading and file sharing has on record sales and the industry's bottom-line, Kidder (2003) argues that the core issue is actually ethical. Kidder (2003) cites the results of a survey completed by the Gallup organization indicating that "only 15 percent of 13-to-17-year-olds think that in general" this practice is "morally wrong." Conversely 81 percent see cheating on tests as morally wrong (Kidder, 2003). These contradictory perceptions will be thoroughly examined in the module. Legal The legal arguments related to copyright law and copyright infringement will be examined in this module. Data reported in the Pew Internet & American Life Project (Madden and Rainie, 2005) revealed that "among all former music and video downloaders, 28% volunteer that the main reason they stopped was because they were afraid to get in trouble or heard about the RIAA lawsuits."Upon selecting the URL for Grokster, the user is automatically taken to a webpage that indicates the following (see http://www.grokster.com/): The United States Supreme Court unanimously confirmed that using this service to trade copyrighted material is illegal. Copying copyrighted motion picture and music files using unauthorized peer-to-peer services is illegal and is prosecuted by copyright owners. There are legal services for downloading music and movies. This service is not one of them. YOUR IP ADDRESS IS 65.9.85.146 AND HAS BEEN LOGGED. Don't think you can't get caught. You are not anonymous. In the meantime, please visit www.respectcopyrights.com and www.musicunited.org to learn more about copyright. Several RIAA lawsuits will also be examined to explore the legal impact. Ethical As indicated above many young adults and adolescents fail to acknowledge the moral implications of illegal file-sharing. This suggests that an examination or consideration of the ethical implications of the issue is not included in the decision rubric. This module will provide an opportunity for participants to examine the "because everybody's doing it argument" and other rationalizations that fail to consider the ethical impact of peer-to-peer file-sharing and illegal downloading. Does the number of downloads or the amount of damage done to artists, producers, and distributors change the morality of illegal downloading? Social The pervasiveness of peer-to-peer file sharing and illegal downloading has considerable social implications. This module will provide an opportunity to assess the societal impacts of engaging in an illegal practice on such a wide-scale. Participants will be provided with an opportunity to determine/assess, how engaging in this activity influences/impacts decisions to engage in other kinds of questionable activities/behavior. Economic Module participants will have the opportunity to thoroughly examine the arguments offered by the record industry related to the adverse economic impact of peer-to-peer file sharing and downloading on artist earnings, and record industry sales and profits. Ultimately it is hoped that students' consciousness will be raised on the ethical impact of peer-to-peer file-sharing.

The Ethics of Peer-to-Peer File Sharing

by Valerie L. Patterson, Ph.D.

Background

The following resources should be examined in preparation for the introduction of the module:

Law professors examine ethical controversies of peer-to-peer file sharing. This article presents an examination of ethical controversies involved in peer-to-peer file sharing: http://news-service.Stanford.edu/news/2004/march17/fileshare-317.html.
Pew Internet Project Data Memo, Two-thirds of those who download music files or share files online say they don't care whether the files are copyrighted or not. This report examines survey data on the downloading of files from the Internet. Respondents include students, college graduates, and parents, http://www.pewinternet.org/pdfs/PIP_Copyright_Memo.pdf.
Pew Internet Project Data Memo, One in five downloaders has copied files from other people's iPODs or MP3 players - One in four gets files via email or instant messaging. This report examines survey data which presents attitudes related to file sharing via iPods, MP3 players and other mechanisms. http://www.pewtrusts.org/pdf/PIP_Filesharing_March05.pdf.
Other classroom activities will include an examination of relevant case law, a thorough examination of recording industry policy, and role-playing that exposes the ethical dilemmas inherent in file sharing.

Background for Teachers:

The ethical implications of peer-to-peer file sharing (P2P) center on the concept of intellectual property. The legal implications relate to the issue of copyright law. Even though the practice of peer-to-peer file sharing has legal and ethical implications, it continues to be an everyday practice for many individuals, especially young adults. A study completed by the Pew Internet Project (Madden and Lenhart, 2003) determined that "young adults continue to dominate downloading." The study found that "students are also more likely to be music down-loaders than non students with fifty-six percent of full-time students reporting that they download music to their computers. Delgado (2004) asserts that "an estimated 70 million people engage in online file sharing" and that much of it is "illegal." Some suggest that teenagers and others have "employed every rationalization in the book to justify getting their favorite music for free" (Ethics Scoreboard, 2004). Ultimately, it is argued that illegal downloading and file-sharing will persist because "it will be hard to convince people that POPing (personal online pirating) is uncommon when the vast majority of their peers engage in it" (Hyman and Shanahan, 2006).

   One issue of relevance is determining where the responsibility lies for unlawful file-sharing that happens online. Survey data indicates that 49% of the respondents surveyed believe that the "companies that own and operate file-sharing networks" should be held responsible for unlawful file-sharing that happens online" versus 18% who believe that "the individuals who are sharing the music files" should be held responsible (Madden and Rainie, 2005).
   This issue is extremely important for younger adults in that many of the cases filed by the RIAA were made against the parents of those who were unlawfully downloading music. For example, Bylund (2006) writes about the case of Brittany Chan who was 13 when her mother was sued by the RIAA. The case against Brittany's mother was dropped after the RIAA could not produce evidence. Following that, a new case was filed against Brittany by the RIAA. Along with filing hundreds of lawsuits, the industry has also mounted an education campaign targeting youth because industry executives believe that "the industry's future may depend on its ability to teach youth as early as possible that file sharing is wrong" (Evangelista, 2005).
   Although the recording industry emphasizes the adverse impact downloading and file sharing has on record sales and the industry's bottom-line, Kidder (2003) argues that the core issue is actually ethical. Kidder (2003) cites the results of a survey completed by the Gallup organization indicating that "only 15 percent of 13-to-17-year-olds think that in general" this practice is "morally wrong." Conversely 81 percent see cheating on tests as morally wrong (Kidder, 2003). These contradictory perceptions will be thoroughly examined in the module.

Legal

The legal arguments related to copyright law and copyright infringement will be examined in this module. Data reported in the Pew Internet & American Life Project (Madden and Rainie, 2005) revealed that "among all former music and video downloaders, 28% volunteer that the main reason they stopped was because they were afraid to get in trouble or heard about the RIAA lawsuits."Upon selecting the URL for Grokster, the user is automatically taken to a webpage that indicates the following
(see http://www.grokster.com/):

The United States Supreme Court unanimously confirmed
that using this service to trade copyrighted material is illegal.
Copying copyrighted motion picture and music files
using unauthorized peer-to-peer services is illegal and is
prosecuted by copyright owners.
There are legal services for downloading music and movies.
This service is not one of them.
YOUR IP ADDRESS IS 65.9.85.146 AND HAS BEEN LOGGED.
Don't think you can't get caught. You are not anonymous.

In the meantime, please visit www.respectcopyrights.com and www.musicunited.org to learn more about copyright.

Several RIAA lawsuits will also be examined to explore the legal impact.

Ethical
As indicated above many young adults and adolescents fail to acknowledge the moral implications of illegal file-sharing. This suggests that an examination or consideration of the ethical implications of the issue is not included in the decision rubric. This module will provide an opportunity for participants to examine the "because everybody's doing it argument" and other rationalizations that fail to consider the ethical impact of peer-to-peer file-sharing and illegal downloading. Does the number of downloads or the amount of damage done to artists, producers, and distributors change the morality of illegal downloading?

Social
The pervasiveness of peer-to-peer file sharing and illegal downloading has considerable social implications. This module will provide an opportunity to assess the societal impacts of engaging in an illegal practice on such a wide-scale. Participants will be provided with an opportunity to determine/assess, how engaging in this activity influences/impacts decisions to engage in other kinds of questionable activities/behavior.

Economic
Module participants will have the opportunity to thoroughly examine the arguments offered by the record industry related to the adverse economic impact of peer-to-peer file sharing and downloading on artist earnings, and record industry sales and profits.

Ultimately it is hoped that students' consciousness will be raised on the ethical impact of peer-to-peer file-sharing.