The Digital Millennium Copyright Act has several provisions in place to prevent piracy and infringement of intellectual property. As detailed by the Electronic Frontier Foundation posting, one such provision is the safe harbor provision– it protects service providers from damages for the actions of their users. This means that a service provider would not be responsible for one of their users pirating intellectual property. The Wired article on DMCA cites the safe harbor provision as the most beneficial element of the law and crucial to the growth of the internet. Without it, website like YouTube wouldn’t be able to exist. The DMCA also addresses piracy through the anti-circumvention provision– this was meant to discourage pirating and ban black box devices but in reality did very little to limit them. In fact, a great deal of controversy surrounds the anti-circumvention provisions. The Torrent Freak article describes these as a violation of users’ rights, used to “control and spy on people”
I don’t think that it is ethical for users to download or share copyrighted material, yet I find myself doing it on occasion. I grew up receiving burned CDs from my older sister with songs she had downloaded from LimeWire. When my sister left for college it was no longer convenient to get music via these CDs, I turned to YouTube-to-mp3 converters, obtaining music from my Dad’s iTunes library, and swapping CDs with friends. It seems somewhat silly to purchase something that a close friend or relative already owns it, and in the case of “sampling” material, I would certainly download the material illegally before deciding to purchase the CD. While I now have a Spotify subscription and no longer pirate music, I still find myself streaming movies from somewhat-sketchy sites, if Netflix or HBO don’t offer the movie. Even though I think these actions are unethical, at the same time I find myself asking if big-name artists and multi-million dollar movies really need my money. The issue with pirating is that you are so far removed from the creator of the product, so it’s difficult to feel guilt when you pirate. Mindy Kaling has a funny quote in which she addresses the age-old saying about piracy, “Would you steal a car?” She says that she would steal a car, if it were as easy as “touching it, and getting it 30 seconds later” and leaving the original car intact. This is the key issue with pirating: it’s really so easy, that it’s hard to feel guilty when you do it.
I think that the streaming services of Netflix and Spotify do a great deal to address the problem of piracy (even though artists are barely compensated for Spotify listens), but as the LA Times article examines, roughly 20 million people use sites with copyright-infringing music, comparing to the ~8 million who pay for a music subscription. I like that services like Netflix and Spotify relieve me from guilt that accompanies pirating music, but I also see why, with the convenience of pirating music, one would still opt out of a paid subscription. I think that the Slate article paints a future in which streaming it preferred– the author had a long history of pirating, and had gone to great lengths to do so, before opting for the convenience of a paid subscription that stored music in the cloud. I think that piracy is a solvable problem. The author seemed to describe it as such, as pirating now requires extensive knowledge and oftentimes more funds than subscriptions. Piracy may be a solvable problem, but as long as other legal options remain more convenient to use, I am skeptical if it is even a real problem in the first place.