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Full Disclosure
Full Disclosure
Contributing Editor Stephen Manes's pointed commentary on everyday computing headaches, technology trends, and more.
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Full Disclosure: Copyright Law--Ignore at Your Own Peril

If the digital pirates win, we'll all lose.

Stephen Manes

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With HP wireless printers, you could have printed this from any room in the house. Live wirelessly. Print wirelessly.

I happen to own dozens of copyrights, so I can't pretend to be a disinterested observer on the subject of theft of intellectual property. PCs have made piracy simple and rampant, and when self-promoting law professors and journalists who should know better take aim at the copyright system that has helped make American creativity the most vibrant, diverse, and exportable in the world, I see red. In my book, if you're stealing copyrighted content or "sharing" it with the world--and I'm not talking about copying tracks from a music CD you paid for to your own MP3 player--you're doing more than just violating the law. You're also undermining a foundation of our culture.

As Bill Gates howled when users traded copies of his first PC software product before it was even released, many people seem to believe that software, being intangible, is without value, yet they consider hardware (whether a computer, the pages of a book, or a shiny CD) worth paying for. That's nuts. Software--by which I mean all forms of content--is usually the only reason for the hardware's existence. And those who create the content deserve to be paid.

Alas, the pirate's life keeps getting easier. In the age of vinyl, taping a 1-hour LP took an hour, but today you can duplicate a 1-hour CD in minutes. Broadband makes downloads almost as snappy.

The simplicity of larceny leads to exquisitely moronic rationalizations. Would-be populists cry that illicit downloading is a way of protesting the pittance many artists receive from the sale of their CDs; by that logic, it's okay to steal cornflakes since the farmer gets such a small cut. Sophists maintain that they wouldn't have to steal if record companies sold more music online; so if your supermarket does not deliver, you're presumably free to swipe steaks. Then there's the "I have to take a whole album when I want only one song" whine. That's like saying that it's fine to steal a hamburger patty if McDonald's won't sell the meat separately from the bun.

Copyright offers plenty of legal ways to enjoy content for free. You can borrow a copy from a friend or the library. You can check out excerpts on legitimate Web sites. You can tape it off the air.

But piracy has consequences. The Wall Street Journal has detailed how pirates have crippled the Philippine film industry; Salon.com has shown how they have damaged the Mexican music business. Content creators here won't let that happen without a fight. If illicit copying keeps increasing, all consumers will be treated as thieves, with ever more annoying walls of copy protection between them and the entertainment they want.

No scheme is hackproof, though, and copyright holders can't possibly go after every infringer. So all that ultimately stands in the way of unlawful copying is personal ethics. Somehow, people have come to think that it's ethical to steal.

And if pilfering persists and pirated content drives out the real thing, expect hardworking artists to look for vocations that pay. Classic content will be free for the swiping, but most new stuff will be the product of well-meaning amateurs--songs like the one that drove you out of an oompah bar in Germany, books about your neighbor's cute parakeet, and movies that star the boors you avoid on public-access cable. Enjoy!

Click here to view past Full Disclosure columns by Contributing Editor Stephen Manes. He has written about technology for two decades.

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