Digital Piracy

February 25, 2008

Lar,

This is certainly not a popular topic to address because of our incredible ability as human beings to justify ourselves (and oftentimes our cheapness), but this is an area in which we ought to strive for obedience.  Though I wasn’t the best student in the Communications department, I did learn a few things about copyright law.  In particular, I remember asking a few pointed questions about the copying and downloading of CDs and DVDs (something which was fairly new at the time believe it or not).  This post does a good job giving an answer to the questions I raised.  And it does so in an entertaining way.

In essence, if we enjoy a song or a sermon or a CD or a movie that someone has the rights to without paying for it, we better start asking ourselves some questions.  For a movie (or whatever) is, in a sense, someone else’s property.  They own it.  And they have graciously put their product together for our benefit.  But the key is we have to pay them for their labor.  And if we don’t pay them, we are essentially, stealing from them.  We are benefiting from their labor without due compensation.  And this is just plain wrong.

Now there is a thing called ‘fair use’ within copyright law.  In my understanding, this would explain how we can share DVDs or CDs that we have ownership rights over (that is, we have paid for the product) with other people.  For example, if you own a movie that I want to watch, there is no problem with my borrowing it from you.  But the key is that by your giving it to me to borrow, you are losing access to it.  That is, you are losing the ability to enjoy it by giving it to me.

However, if you made a copy of it for me and I took that copy and put it into my own personal library to watch when I please, that is not ‘fair use.’  That is theft, because now, both you and I are able to benefit from it at the same time.   You have made an unauthorized, illegal copy and I now enjoy it (illegally of course).  And, of course, if you make a copy and sell it to someone else, that is obviously not fair use.  That is copyright infringement and theft.  If you do that, you are definitely a digital pirate.  The same, of course, rings true for CDs or any other downloadable material that has been paid for.

Of course, some ministries encourage the reproduction of their materials.  I love that.  In that case, copy away.  They are giving up their copyright rights for the good of others and the glory of God.  But there are others who have chosen not to head that direction.  And that is fine.  In that case, we ought to respect their decision and be very careful to purchase their material and share their material in a legal fashion.  Though it might seem like a hindrance sometimes, as I say to Abigail often, “The happy way is to obey.”  Though it might cost a few extra bucks, I am sure the Lord will be pleased.  After all, spending more money is a lot better than disobedience.

Seeking to walk in obedience with you,

Joe

Posted by Joe | Filed Under Links, Random Musings, Seeking Him 

Comments

4 Responses to “Digital Piracy”

  1. Ralph on February 25th, 2008 9:33 am

    Joe,

    Good post.

    Just to clarify…technically, the only person that has “ownership rights” of copyrighted material is the copyright holder. By purchasing a copy you own the medium that the work is on, but you don’t own the rights. So, that means is still illegal for you to make a copy of a copyrighted CD for someone else even it is for temporary use. Fair use really only applies to using parts of a work (usually a very small part) in an educational or non-profit setting.

    I am not a lawyer, but I am a librarian and have of lots of experience with this topic. :-)

  2. Kev on February 25th, 2008 9:53 am

    Agree with your post…Someone I know also convicted me on the stealing of wireless signals in Ocean City once…Not sure who that would be…I’d like to hear you and Larry’s thoughts on that, since I was just speaking with a Christian friend of mine who was trying to justify it. He used the example of a neighbor’s tree creating some shade in your yard - you are just enjoying that shade…

  3. Joe on February 27th, 2008 2:15 am

    Ralph,

    Thanks for the clarification. I appreciate it. I knew I was risking some mistakes by writing that post. After all, it was about seven years ago that I had that class! Quick question though.

    Does fair use apply to someone borrowing the copy that you purchased?

    And Kev,

    What do you think? The tree example seems quite weak to me. After all, both you and your neighbor can enjoy the shade of the tree at the same time without limiting the joy of each other. Not so with an Internet signal. But that is somewhat besides the point. I know that Verizon, for example, specifically states that you cannot share a household signal.

    This link may help…

    http://compnetworking.about.com/od/wirelessfaqs/f/legal_free_wifi.htm

    It seems to me that everyone knows it is illegal to share cable between neighbors. Why would Internet be any different?

    Let me know your thoughts.

  4. Ralph on February 27th, 2008 11:17 am

    Joe,
    We loan CDs at our libraries with no special license or permission, so I would say that it is OK for individuals to do the same.

    I also agree with your comments on sharing Wi-Fi access. Most likely, your residential contract with your provider does not allow you to share your network outside your house. All of our branch libraries (and most other libraries in Southern NJ) can offer free Wi-Fi because our agreement allows this. Visit your local library!!

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