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The Ethics of Peer-to-Peer File Sharing by Valerie L. Patterson, Ph.D. ClassroomActivities This module will offer an opportunity for students to carefully examine the issue of peer-to-peer file-sharing and downloading from multiple perspectives. Students will have the opportunity to examine the legal, ethical, social, and economic impacts of this issue. They will be able to use and apply stakeholder analysis to the issue of file sharing. Finally, they will be able to identify the major issues associated with the increased use of peer-to-peer file sharing applications. Lesson Plan Activity #1 Lesson Plan Activity #2 Activity #1: Case Study: "Yasmin's Day In Court" Background for the Teacher: Yasmin's Day in Court Yasmin's Day in Court is based on the case Capitol v. Foster (see http://www.eff.org/legal/cases/Capitol_v_Foster/), the Recording Industry Association of America sued Deborah Foster and accused her of illegally downloading copyrighted material. Foster fought the charges, and the case against her was dismissed. Ms. Foster is currently attempting to recover attorney's fees. Stakeholders in this case include: Ms. Foster (or Yasmin) - who is attempting to recover attorney's fees The RIAA - who is involved in filing lawsuits against those it believes are engaged in illegal file-sharing Organizations including the Electronic Frontier Foundation (EFF), the American Association of Law Libraries, the American Civil Liberties Union, and Public Citizen, who have filed a brief that strongly urges the presiding judge to award Ms. Foster the cost of her attorney's fees. Music Artists - who may ultimately be losing access to royalties that they are entitled to, because their music has been downloaded and shared. Read or summarize the following account of "Yasmin's Day in Court" to your students: Yasmin Givens is a young professional who discovers that she is being sued by a recording industry association. The association is accusing her of illegally downloading copyrighted materials. She has worked really hard to complete a professional degree in the healthcare field. She is three years into her career and she is successful, but she has approximately $25,000 dollars in educational loans that she is currently repaying. Now she finds herself being sued! She is completely shocked by this lawsuit, as well as dismayed because she knows that she has not participated in this kind of behavior. Yasmin decides to fight these charges and hire an attorney. Her attorney argues her case in court and the charges are dismissed. Yasmin is happy, because she feels that she has been vindicated, but clearing her name was an expensive and emotionally draining process. Yasmin begins to wonder if her next step should be attempting to recover her attorney's fees, after-all she has a loan payment pending.... Ask the students to briefly discuss the following questions: Should anyone be sued for illegally downloading copyrighted materials? Should you be sued for participating in an activity that many people do, although it is illegal? What do you think should have happened if Yasmin had been guilty of the allegations? If Yasmin had been guilty, should she have had to pay damages? If yes, why? If no, why not? Does illegal downloading harm anyone? If so, whom does it harm and how does it harm them? Does downloading harm the character of the downloaders? If so, how does it harm them? Ask each student to write a brief essay describing how they would respond to being sued for illegally downloading copyrighted materials. Have them describe the impact their being sued would potentially have on their family. How would their friends react? Do they believe their parents should be held accountable for what they did? What would they do if they couldn't afford an attorney? Teacher Prompt for Grading Essay: One of the ethical issues related to this case involves the psychological impact of wrongful accusation. The adverse impact of being accused of engaging in illegal behavior is another important issue. The EFF argues that "The RIAA has forced many innocent Americans through an expensive and emotionally draining process to clear their names. Some, understandably, just give up" (see http://www.eff.org/legal/cases/Capitol_v_Foster/). The resources available to a major trade association far outweigh those available to the everyday citizen. The level of intimidation associated with this imbalance in resources is an ethical issue that is relevant to this case. This case also offers the opportunity to examine whether the harm caused by participation in peer-to-peer file sharing warrants and justifies the tactics engaged in by the RIAA. It would be helpful to introduce the concept of "deterrence" in discussing this case. By pursuing legal action against various individuals, the RIAA hopes to deter others from participating in file sharing by causing them to be fearful of prosecution. Activity #2: Classroom Debate: "Carlos' Calamity"--Should a 13-Year-Old be Sued? Background for the Teacher based on a case found at http://www.nydailynews.com/news/story/116107p-104761c.html) "Carlos' Calamity" is based on a lawsuit filed on September 8, 2003 against 261 individual users of file-sharing software. Included in the 261 individuals sued was a 12-year-old Manhattan schoolgirl, Brianna LaHara (Sangha and Furman, 2003). Brianna's mother purchased access to a service that allowed Brianna to download music from the Internet. Although Brianna's mother initially vowed to fight the lawsuit, the case was settled within 24 hours for $2,000 (Borland, 2003). Stakeholders in this case include: Brianna (or Carlos) - sued for downloading Maria Carey music and the theme to "Family Matters". Sylvia LaHara, Brianna's mom - who purchased the service that made it possible for Brianna to download and share these music files. The RIAA - who is protecting the interests of its members who are recording industry corporations Music Artists - who may ultimately be losing access to royalties that they are entitled to, because their music has been downloaded and shared. The record industry association's willingness to sue a 12-year-old girl has ethical implications. The conflict that arises is related to the conflicting values of protecting the rights of industry members versus unfair prosecution of a child who was most likely unaware of the illegality of her actions, especially in light of the fact that her mother purchased the service. Questions that students will want to explore include the protection from responsibility offered by payment for a service. Students will also want to explore the decision made to settle the case for $2,000. Should Brianna's mother have settled the case? Additionally, as with the previous case, the students should consider the ethical implications of Brianna (Carlos) as David and the RIAA (as Goliath). Summarize or read the following case to your students: Carlos is a 13-year-old honor student who loves listening to music. Yesterday, he learned through the local media, that he was included in a recording industry suit filed against 75 individuals, who were suspected of downloading over 1,000 songs. Carlos is really interested in TV theme songs and on several occasions has downloaded them using software his mom purchased for a $30.00 fee, and he is really alarmed by being named as a "repeat offender" of illegally downloading music. The record industry blames computer users like Carlos who use software programs to trade music with others, for the major drop in music sales that has occurred. Carlos is worried because he was told that he could be liable for fines up to $150,000 for each illegally obtained downloaded track. Even more worried about this situation is Carlos's mom. Carlos didn't even use his allowance to pay for the software, his mom purchased it for him as a gift. His mom indicated that she signed-up for the software, by paying the fee, and if you pay for it, "you're not stealing it". Carlos watches Court TV, and he dreads being on the witness stand, but he admits it might be interesting. His mom thinks it's ridiculous for the record industry to target little kids like Carlos and has vowed to fight this lawsuit. Due to the media attention to the case, the next day, the record industry association (RIAA) settled with Carlos's mom and the co-defendants for $2,000 dollars from each defendant. Classroom Debate Issue: Should the record industry have included thirteen year-old Carlos in the suit? If yes, why? If no, why not? Divide the students into two groups, each group assigned to a side of the debate. Have each group prepare their position on the debate issue, taking into account the following questions: What responsibility do his parents have for Carlos's actions? If Carlos' mom paid for the software, is his downloading and sharing wrong? If Carlos' mom paid for the software, is his downloading and sharing illegal? If you were Carlos, what would you do if you were sued? Should Carlos's mom have settled and agreed to pay $2,000? If yes, why? If no, why not? If you were Carlos, would you continue to download and share music? Give each team ten minutes to prepare their arguments and select a spokesperson. Allow each team ten minutes to present their position. Then provide each team two minutes to have a second spokesperson make a rebuttal.

The Ethics of Peer-to-Peer File Sharing

by Valerie L. Patterson, Ph.D.

ClassroomActivities

This module will offer an opportunity for students to carefully examine the issue of peer-to-peer file-sharing and downloading from multiple perspectives. Students will have the opportunity to examine the legal, ethical, social, and economic impacts of this issue. They will be able to use and apply stakeholder analysis to the issue of file sharing. Finally, they will be able to identify the major issues associated with the increased use of peer-to-peer file sharing applications.

Lesson Plan Activity #1
Lesson Plan Activity #2

Activity #1: Case Study: "Yasmin's Day In Court"

Background for the Teacher:

Yasmin's Day in Court

Yasmin's Day in Court is based on the case Capitol v. Foster (see http://www.eff.org/legal/cases/Capitol_v_Foster/), the Recording Industry Association of America sued Deborah Foster and accused her of illegally downloading copyrighted material. Foster fought the charges, and the case against her was dismissed. Ms. Foster is currently attempting to recover attorney's fees. Stakeholders in this case include:

Ms. Foster (or Yasmin) - who is attempting to recover attorney's fees
The RIAA - who is involved in filing lawsuits against those it believes are engaged in illegal file-sharing
Organizations including the Electronic Frontier Foundation (EFF), the American Association of Law Libraries, the American Civil Liberties Union, and Public Citizen, who have filed a brief that strongly urges the presiding judge to award Ms. Foster the cost of her attorney's fees.

Music Artists - who may ultimately be losing access to royalties that they are entitled to, because their music has been downloaded and shared.

Read or summarize the following account of "Yasmin's Day in Court" to your students:

Yasmin Givens is a young professional who discovers that she is being sued by a recording industry association. The association is accusing her of illegally downloading copyrighted materials. She has worked really hard to complete a professional degree in the healthcare field. She is three years into her career and she is successful, but she has approximately $25,000 dollars in educational loans that she is currently repaying.

Now she finds herself being sued! She is completely shocked by this lawsuit, as well as dismayed because she knows that she has not participated in this kind of behavior. Yasmin decides to fight these charges and hire an attorney. Her attorney argues her case in court and the charges are dismissed. Yasmin is happy, because she feels that she has been vindicated, but clearing her name was an expensive and emotionally draining process. Yasmin begins to wonder if her next step should be attempting to recover her attorney's fees, after-all she has a loan payment pending....

Ask the students to briefly discuss the following questions:

Should anyone be sued for illegally downloading copyrighted materials?
Should you be sued for participating in an activity that many people do, although it is illegal?
What do you think should have happened if Yasmin had been guilty of the allegations?
If Yasmin had been guilty, should she have had to pay damages? If yes, why? If no, why not?
Does illegal downloading harm anyone? If so, whom does it harm and how does it harm them? Does downloading harm the character of the downloaders? If so, how does it harm them?

Ask each student to write a brief essay describing how they would respond to being sued for illegally downloading copyrighted materials. Have them describe the impact their being sued would potentially have on their family. How would their friends react? Do they believe their parents should be held accountable for what they did? What would they do if they couldn't afford an attorney?

Teacher Prompt for Grading Essay:

One of the ethical issues related to this case involves the psychological impact of wrongful accusation. The adverse impact of being accused of engaging in illegal behavior is another important issue. The EFF argues that "The RIAA has forced many innocent Americans through an expensive and emotionally draining process to clear their names. Some, understandably, just give up" (see http://www.eff.org/legal/cases/Capitol_v_Foster/). The resources available to a major trade association far outweigh those available to the everyday citizen. The level of intimidation associated with this imbalance in resources is an ethical issue that is relevant to this case. This case also offers the opportunity to examine whether the harm caused by participation in peer-to-peer file sharing warrants and justifies the tactics engaged in by the RIAA.

It would be helpful to introduce the concept of "deterrence" in discussing this case. By pursuing legal action against various individuals, the RIAA hopes to deter others from participating in file sharing by causing them to be fearful of prosecution.

Activity #2: Classroom Debate: "Carlos' Calamity"--Should a 13-Year-Old be Sued?

Background for the Teacher based on a case found at http://www.nydailynews.com/news/story/116107p-104761c.html)

"Carlos' Calamity" is based on a lawsuit filed on September 8, 2003 against 261 individual users of file-sharing software. Included in the 261 individuals sued was a 12-year-old Manhattan schoolgirl, Brianna LaHara (Sangha and Furman, 2003). Brianna's mother purchased access to a service that allowed Brianna to download music from the Internet. Although Brianna's mother initially vowed to fight the lawsuit, the case was settled within 24 hours for $2,000 (Borland, 2003). Stakeholders in this case include:

Brianna (or Carlos) - sued for downloading Maria Carey music and the theme to "Family Matters".
Sylvia LaHara, Brianna's mom - who purchased the service that made it possible for Brianna to download and share these music files.
The RIAA - who is protecting the interests of its members who are recording industry corporations
Music Artists - who may ultimately be losing access to royalties that they are entitled to, because their music has been downloaded and shared.

The record industry association's willingness to sue a 12-year-old girl has ethical implications. The conflict that arises is related to the conflicting values of protecting the rights of industry members versus unfair prosecution of a child who was most likely unaware of the illegality of her actions, especially in light of the fact that her mother purchased the service. Questions that students will want to explore include the protection from responsibility offered by payment for a service. Students will also want to explore the decision made to settle the case for $2,000. Should Brianna's mother have settled the case? Additionally, as with the previous case, the students should consider the ethical implications of Brianna (Carlos) as David and the RIAA (as Goliath).

Summarize or read the following case to your students:

Carlos is a 13-year-old honor student who loves listening to music. Yesterday, he learned through the local media, that he was included in a recording industry suit filed against 75 individuals, who were suspected of downloading over 1,000 songs. Carlos is really interested in TV theme songs and on several occasions has downloaded them using software his mom purchased for a $30.00 fee, and he is really alarmed by being named as a "repeat offender" of illegally downloading music. The record industry blames computer users like Carlos who use software programs to trade music with others, for the major drop in music sales that has occurred.

Carlos is worried because he was told that he could be liable for fines up to $150,000 for each illegally obtained downloaded track. Even more worried about this situation is Carlos's mom. Carlos didn't even use his allowance to pay for the software, his mom purchased it for him as a gift. His mom indicated that she signed-up for the software, by paying the fee, and if you pay for it, "you're not stealing it".

Carlos watches Court TV, and he dreads being on the witness stand, but he admits it might be interesting. His mom thinks it's ridiculous for the record industry to target little kids like Carlos and has vowed to fight this lawsuit.

Due to the media attention to the case, the next day, the record industry association (RIAA) settled with Carlos's mom and the co-defendants for $2,000 dollars from each defendant.

Classroom Debate Issue:

Should the record industry have included thirteen year-old Carlos in the suit? If yes, why? If no, why not?

Divide the students into two groups, each group assigned to a side of the debate. Have each group prepare their position on the debate issue, taking into account the following questions:

What responsibility do his parents have for Carlos's actions?
If Carlos' mom paid for the software, is his downloading and sharing wrong?
If Carlos' mom paid for the software, is his downloading and sharing illegal?
If you were Carlos, what would you do if you were sued?
Should Carlos's mom have settled and agreed to pay $2,000? If yes, why? If no, why not?
If you were Carlos, would you continue to download and share music?

Give each team ten minutes to prepare their arguments and select a spokesperson. Allow each team ten minutes to present their position. Then provide each team two minutes to have a second spokesperson make a rebuttal.