The Generational Divide in Copyright Morality

I’ve been doing a good deal of speaking recently. And in one of my talks, I tell an anecdote about a lesson I learned from my own readers.

It was early in 2005, and a little hackware program called PyMusique was making the rounds of the Internet. PyMusique was written for one reason only: to strip the copy protection off of songs from the iTunes music store.

The program’s existence had triggered an online controversy about the pros, cons and implications of copy protection. But to me, there wasn’t much gray area. “To me, it’s obvious that PyMusique is designed to facilitate illegal song-swapping online,” I wrote. And therefore, it’s wrong to use it.

Readers fired back with an amazingly intelligent array of counterexamples: situations where duplicating a CD or DVD may be illegal, but isn’t necessarily *wrong.* They led me down a garden path of exceptions, proving that what seemed so black-and-white to me is a spectrum of grays.

I was so impressed that I incorporated their examples into a little demonstration in this particular talk. I tell the audience: “I’m going to describe some scenarios to you. Raise your hand if you think what I’m describing is wrong.”

Then I lead them down the same garden path:

“I borrow a CD from the library. Who thinks that’s wrong?” (No hands go up.)

“I own a certain CD, but it got scratched. So I borrow the same CD from the library and rip it to my computer.” (A couple of hands.)

“I have 2,000 vinyl records. So I borrow some of the same albums on CD from the library and rip those.”

“I buy a DVD. But I’m worried about its longevity; I have a three-year-old. So I make a safety copy.”

With each question, more hands go up; more people think what I’m describing is wrong.

Then I try another tack:

“I record a movie off of HBO using my DVD burner. Who thinks that’s wrong?” (No hands go up. Of course not; time-shifting is not only morally O.K., it’s actually legal.)

“I *meant* to record an HBO movie, but my recorder malfunctioned. But my buddy recorded it. Can I copy his DVD?” (A few hands.)

“I meant to record an HBO movie, but my recorder malfunctioned and I don’t have a buddy who recorded it. So I rent the movie from Blockbuster and copy that.” (More hands.)

And so on.

The exercise is intended, of course, to illustrate how many shades of wrongness there are, and how many different opinions. Almost always, there’s a lot of murmuring, raised eyebrows and chuckling.

Recently, however, I spoke at a college. It was the first time I’d ever addressed an audience of 100 percent young people. And the demonstration bombed.

In an auditorium of 500, no matter how far my questions went down that garden path, maybe two hands went up. I just could not find a spot on the spectrum that would trigger these kids’ morality alarm. They listened to each example, looking at me like I was nuts.

Finally, with mock exasperation, I said, “O.K., let’s try one that’s a little less complicated: You want a movie or an album. You don’t want to pay for it. So you download it.”

There it was: the bald-faced, worst-case example, without any nuance or mitigating factors whatsoever.

“Who thinks that might be wrong?”

Two hands out of 500.

Now, maybe there was some peer pressure involved; nobody wants to look like a goody-goody.

Maybe all this is obvious to you, and maybe you could have predicted it. But to see this vivid demonstration of the generational divide, in person, blew me away.

I don’t pretend to know what the solution to the file-sharing issue is. (Although I’m increasingly convinced that copy protection isn’t it.)

I do know, though, that the TV, movie and record companies’ problems have only just begun. Right now, the customers who can’t even *see* why file sharing might be wrong are still young. But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?

Comments are no longer being accepted.

I think one problem (of the many problems) is that copyright law makes no sense anymore. I have never owned a copy of “Hey Jude”. I have never downloaded a copy–illegally or legally– of “Hey Jude”. Still, I can sing every word of “Hey Jude” right now. If that isn’t the public domain, I don’t know what is. A profitable piece of art somehow is seen as a golden goose that should pay off for years (the life of the artist plus seventy years, to be exact). Perhaps if copyright length became seven years instead of seventy, people would understand some things should be paid for, some shouldn’t. Instead, everything is treated as “information”, and information, they preach, wants to be free.

This isn’t a lack of understanding from media companies. This is a lack of moral education that manifests itself in so many ways, illegal file sharing being only one example.

Great post David!

Particularly because I was reading this morning about this law the Spanish government is passing today that introduces a tax on the purchase of raw cds, flash and external hard drives, printers, scanners, mp3 players (including cell phones) and cds/dvd burners with the purpose of compensating artists for the revenue loss caused by illegal downloading/copying of their work (how the money will be shared out is beyond my understanding). Apparently, similar laws have been passed in other European countries. It would be great if you could comment on this as a valid way of tackling the issue. Thanks.

It’s not just music and movies. I used to teach a college course. One day I stepped out of the room while they were taking a test. Later in the day I received a couple of reports from disgruntled students, saying that as soon as I left, a number of people pulled out cheat sheets and opened textbooks in broad daylight. You might think the reporters were showing moral backbone, but it turned out that most of them were more concerned that they would be penalized by the cheating of others, not that the others were cheating per se.

The course? Ethics.

Taking your analogy one step further. “You are a part time professional musician, who depends on revenue from your CDs and residuals from radio stations to pay your school expenses. Is it wrong for people to download your music and not pay for it?”
Probably will get the same answers but it might make them think a little closer to home.

The problem with these young people is not their moral compass, instead it has to do with education. These young people have been doing this for a long time without ever being educated as to why this is wrong, or what is illegal and legal. Many of them believe that if there is software to facilitate the process, it cannot be illegal. Teaching junior high technology classes, I use some of the same types of techniques in class as you do at your speaking engagements. Many times I hear from the students, “Then why do they even have Limewire?” Sure there will always be people who copy things illegaly with no regard for what is right and wrong, just as there will always be a shoplifter willing to take a hard copy of a movie from the store. The key is to teach these young people what is right and wrong and their abuse of copyright law will go down.

You’ve provided one more example of the ready acceptance of young ones of moral relativism and situational ethics. “I didn’t inhale”, should be the common cheer.

Part of the problem, I’m sure, is that your college audience sees the record companies, the movie studios, the RIAA, the MPAA, etc. as the “enemy”. They believe that the industry that produces the entertainment that they desire is nothing more than an unreasonable greed machine that is out to rip them off in any and every way that it can. A parallel, in their minds, might be the idea of stealing from the burglar who stole from them. Is this wrong? They don’t think so. Are they justified in their feeling? Partly. The industry has, especially in the early years of digital media, overreacted and made their customers feel like thieves by default. If the industry had shown trust, they wouldn’t have fostered the feeling that now exists.

An example of where a company has fostered trust is the book publisher Baen. All of their books are available as ebooks. None of their books have DRM. Heck, I can even download their books in RTF format and do what I please with them. They even give away a large number of books to get you “hooked”. According to Baen, this entire program has been incredibly successful – in the midst of another industry that is otherwise stumbling due to its fear of its own customers.

This is not to say that those who download with abandon are blameless, in many ways they actually contribute the problems they rile against, but it does, in some small degree, demonstrate what’s wrong here and why you got the reaction you got: treat people like they have no morals and pretty soon, you get people with no morals.

The establishment has successfully legislated their business model for at least 30 yrs. The geniuses in Congress have no idea as to even what the counterargument is for NOT extending copyright. The last time they extended it I think it is now the life of the artist plus 80 years. That’s a recipe for stagnation.

The current copyright situation is an example of the few well-connected and well-funded interests that does not work in the real world. Google “Creative Commons” for more specifics along these lines.

Just another sad example of where this country is headed. Morality arm? How funny! The youth of today, our leaders of tomorrow….heaven help us.

Here’s a great law review article titled “Infringement Nation: Copyright
Reform and the Law/Norm Gap.” It follows a day in the life of a college
professor and makes a tally of all of the copyright infringements he
makes during the day… the total comes to $12.45 million in a day
that he would owe copyright holders if they sued.

The point is that copyright law is way behind what is the norm in
actual day-to-day life, and part of it is that “fair use” is not part
of the law, it’s part of case law, which is far behind practice.

For example, you *have* to make a copy of a CD that you own
in order to play it on your iPod… yet Sony’s litigation chief
thinks that’s illegal, saying that you should have to buy
a separate copy for your iPod. The law may be on her
side, but accepted practice is certainly not.

Here’s a link to the copyright article:

//www.turnergreen.com/publications/Tehranian_Infringement_Nation.pdf

Kudos for a very interesting post David! I think the questions you raised are all very interesting…

The reality is, in a few decades, when the views of those of us who are in college are mainstream, we will have solutions to the file-sharing issue.

The whole reason we have these problems today is because the various entertainment industries are extremely resistant to change. They can’t abide by changing business models to suit changing times, even if, in the long run, they would make much more money. That’s why it took so long for something like the itunes store to actually exist, or for companies to offer DRM-free music.

For now, these companies have been able to get away with it because the majority of their customers still come from generations that don’t have these beliefs about copy-right and filesharing. As time goes on and this changes, companies will find that they MUST find new solutions – suing customers just doesn’t make financial sense when 70% of your customers are doing whatever you’re suing them for.

Hopefully, by then, the ranks of employees of these corporations will be filled with people my age too. Then maybe we’ll get some real solutions.

teaching our children December 20, 2007 · 2:00 pm

David: You’re post today is quite timely in our home. My wife and I have been going ’round and ’round with our 15-y.o. son. His high school supplies each student with a laptop that is rights-managed by the school so that the students cannot load software or video games on it. However, enterprising students have figured a way around it and are selling copies of ripped copies video games for $2 to other students. Unbeknownst to us, our son bought a portable hard drive for this reason. When we asked him about why he bought the drive he told us. Unfortunately, NOT because he wanted to tell his parents the truth, but rather because he didn’t see anything wrong with it and thought we wouldn’t either. My wife emailed his sophomore business teacher and asked if he would consider teaching a unit on ethical and business implications of file-sharing. She suggested that topics might include basic copyright laws, the economics of the music, gaming and movie industries and the effects on artists’ and others’ right to make a living.
I thought I’d share a real-life example of what your post is about today. BTW: I enjoy your articles and reviews.
-Matt
Rochester, New York

It is really clear to me that morality and legality are far apart on this issue and one of them should change before we make criminals out of all young folk. Since almost everyone drives over the speed limit at least some of the time, some laws are more lax than others, but this involves really big bucks. Easy solutions are not obvious – gotta think about it more.

I think there’s a difference between “wrong” and “justified”. When you asked the question “how many people think it’s wrong to download an album off the internet”, the college students probably raised their hand because they thought it was “justified”.

What’s interesting is the reasons that the younger generations have behind “justified”:
– Musicians barely make any of the profits anymore anyhow, it all goes to faceless rich execs.
– Why should I pay an industry who insists we’re criminals and wants to sue poor old grandmas?
– Why should I pay an industry that’s been copy-protecting my stuff and technically has said that ripping to an ipod is “wrong” themselves?
– Album prices are too high nowadays.
– There’s only one good song I want on it anyway.
– I’m younger and can’t afford the price of CDs. This is a viable college-age alternative to just not listening to music anymore.
– Radio is dead; downloading illegally from the internet is my new radio.

And on and on. Sometimes I agree with the above, sometimes I don’t. But when it comes to stealing this sort of material, enough of the above will resonate with me that I just don’t feel that guilty about it anymore.

Now here’s the question you never asked your not-as-young audiences: who has ever made a copy of a cassette tape? Or purchased a dual-cassette boombox with copying as its intent purpose?

It hasn’t changed since the days of cassettes. It’s just that it’s become much easier.

It is the same with any content, it is worth what the market is willing to pay for it. In the entertainment content, iTunes is king because it offers a model that is reasonable and available without forcing the user to jump through hoops. Other services have complicated fees, subscriptions, restrictions, etc. Who needs a dozen rules to listen to a song. Pay a buck and listen at any time. If you cannot do that, one will do what I can to get the song at a reasonable price.

The second example is the New York Time Select service, which was recently canceled. Although I missed reading David Brooks’ and Maureen Dowd’s columns, I did not think I should pay for content with advertisements. Apparently, enough people refused to pay as the service was recently ended.

It is not a just matter of morality. It is a matter of setting values. In this market driven society, we set values on this content and if the content is worth the respect, it is paid for. Otherwise, people will ignore the rules when they think the content provider is being unfair.

Also, why question the morality of the consumer when the morality of the providers must come into question? Corporate greed pervades the landscape (see NBC/Universal) who shows no morality in their own way. They set the example, all these kids are doing is following!

Right now, the customers who can’t even *see* why file sharing might be wrong are still young. But 10, 20, 30 years from now, that crowd will be *everybody*. What will happen then?

I think people’s moral standards evolve as they age, so 10, 20, 30 years from now, many of those kids might have a different threshold for “wrongness” than they do now. I do think the bar will be much, much lower, though.

And those “everybody’s” will be lawyers and regulators too.
Interesting times up ahead. Good to see guys like Edgar Bronfman finally getting it. Now they have to do something about it and sell the plans to their shareholders and stakeholders. The future can’t come soon enough.

Btw, I loved the examples….

By then that generation will also be involved in the higher levels of the TV, movie and record companies. Is it just the current generational split between management and users that is causing all the fuss?

That’s because everyone in college is poor. It’s time shifting by years instead of days. *Hopefully* after they graduate and get a job, they’ll go back and buy the music and movies that they actually like.

Or, maybe this is just their way of fighting back at the big record and movie companies. My personal outlook on anything I create is to give it away, and if somebody likes it, then they can pay me. Radiohead tried to do that with their last album. Why would I want to waste my time and effort trying to sell the rights for my music and words? Why can’t I self-publish everything and keep all of my ownership and rights?

Try that in front of the RIAA. I doubt ANYone fails to raise their hands.

Of course, another logical elongation of that garden path would be to ask whether going in to the Blockbuster store, putting a copy of the DVD in your pocket and taking it home to record it without even renting it (assuming you could get it past the anti-theft scanner) would be wrong.

Is it simply that digital content is not inherently viewed as valuable as physical objects?

I think if the length of copyright was something reasonable, like 3-5 years, it might get more respect. Right now copyright basically extends beyond the lifespan of anyone who might actually want to read or hear the thing. How can anyone take such a thing seriously? What would our culture look like is we DID honor it? No more singing Happy Birthday at parties, that’s for sure.

I suppose if they want entertainment on demand for free, then it becomes part of taxation. What else is there?

Amazing. But I guess 20 years ago when I was making mixed tapes by recording songs off the radio I didn’t think that was wrong.