The document discusses various perspectives on illegal downloading and piracy. It outlines campaigns that portray downloading as theft. It also notes academic studies that characterize piracy in negative terms like "unethical" and "misbehavior." However, the document questions these perspectives and whether they exclude other possible views, such as seeing piracy as a positive economic force or form of media consumption. It suggests the issue is more nuanced and complex than typically portrayed.
Constructing the Pirate: Illegal Downloading and the Ethics of Consumption
1. Constructing the
Pirate:
Illegal Downloading and the Ethics of
Consumption
Jason.Rutter@soc.kuleuven.be
Thursday, 7 April 2011
2. Piracy is a Crime campaign
Thursday, 7 April 2011
3. You wouldn’t steal a car.
You wouldn’t steal a handbag.
You wouldn’t steal a television.
You wouldn’t steal a movie.
Downloading pirated films is stealing.
Stealing is against the law.
Piracy. It’s a crime.
Thursday, 7 April 2011
4. “There is no
difference with
going into a store
and stealing
Pringles or a
handbag and
taking this stuff”
James Murdoch
Thursday, 7 April 2011
5. Consumption without
Purchase
•Downloader as thief
•Stealing physical goods = copying
digital ones
•Downloading is like crime against
the person
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6. ‘dishonestly appropriates
property belonging to another
with the intention of
permanently depriving the
other of it.’
UK 1968 Theft Act
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7. Piracy does not
deprive ownership
of goods but
control over the
selling of goods.
Problem of
maximising profits
when scarcity
cannot be
managed.
Thursday, 7 April 2011
9. He’s the type of man that does
things on the cheap,
He gave his girlfriend a watch he
found in the street.
He buys knock-off DVDs.
He’d rob his own gran.
He scrounges his drinks.
What a grubby little man.
Thursday, 7 April 2011
10. Downloaders as Bad People
•‘a grubby little man’
•‘a real creep’
•‘steals money from whip ‘rounds’
•‘does things on the cheap’
•‘scrounges his drinks’
•‘He’d rob his own gran’
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11. ‘There are more ways than
ever to enjoy music legally.’
‘Make the ethical choice.’
http://www.whymusicmatters.org/)
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12. But this is just good
business...
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13. ...surely academic
researchers don’t
see it the same
way.
They are clever and critical...
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15. University students are targeted for
analysis [...] because school is where
honorable ethical values must be instilled
and strengthened. Piracy undermines the
integrity of the educational institution. [...]
[P]erhaps software piracy will inevitably
precipitate additional forms of unethical
and unlawful computer and network
usage, such as the sale of boot- legged
copyright material, hacking, Internet
stalking, and even dabbling in child
pornography.
Hinduja, 2003, p.50
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16. Lacking in moral substance
or self-control
(Morris and Higgins, 2009; Malin and Fowers, 2009)
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17. [D]igital piracy, more than any other
dysfunctional consumer behaviour,
has significantly impacted on
companies’ business models.
Harris and Alexia Dumas,
2009, p.380
Thursday, 7 April 2011
19. Downloading
Loss in Sales
Loss in Revenue
Economic Harm
A wilfully harmful act is an unethical act
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20. Physical Digital Total Sales
160
128
96
Million
64
32
0
2002 2003 2004 2005 2006 2007 2008 2009
UK Singles Sales
Source BPI
Thursday, 7 April 2011
21. Physical Units Digital Units Total Units
2000
1500
Million
1000
500
0
1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
USA Music Sales
Source RIAA
Thursday, 7 April 2011
22. Economics is:
‘free from any
ideological,
theological, or
moral philosophy’
(Alvey, 1999, p.53)
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24. Pirates may be a minority
but can we claim they
form a subculture?
Between 2006 & 2009
Davenport Lyons sent out
95% 6000
33%
letters threatening legal
Amount of downloaded action against alleged
downloader’s content One third of people
music for which rights have knowingly bought
owner receives no unless they paid ₤500
counterfeit or pirated
payment. (IFPI, 2009) The recovery rate was goods. (Bryce & Rutter,
between 20-35%. 2008)
Thursday, 7 April 2011
25. Discourse excludes possibilities of:
• Piracy as a positive economic force
• Copyright as a form of exploitation
• Market management should not take
precedence of social liberties
• Piracy as form of consumption
• That consumption as routine, situated and
contextual
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26. Downloaders of illegally
copied games tend to be
male, below 40 and heavy
technology users.
Just like players of computer games.
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27. We realise that
It’s a little less complicated
than that.
Well sort of...
Thursday, 7 April 2011
28. What abo
ut the
context o
f
consumpt
ion?
The socia
l
backgrou
nd to
items
download
ed?
The role o
f digital
media?
Thursday, 7 April 2011