Is there such a thing as internet ethics? Should there be any? Who should decide what the rules should be?
To me, the internet seems a lot like the Wild West right now. Technically, there are laws on the books, but the laws can only be enforced in small pockets and are therefore moot to the majority of the population. But just as we progressed from the free-for-all of the Wild West to the structure and stability of government, I believe the internet will progress to a more stable and structured online environment. It seems pretty clear to me that as we become more and more enmeshed with our digital selves, we will need a stronger set of rules for online behavior. If not for the sake of morality, then just for our own protection. Many of these rules seem pretty obvious and are already in place (identity theft, online stalking, etc.) There are, however, several areas where there is no general consensus for what a rule should be.
One such area I would like to mention relates to DRM and intellectual property. (full disclosure: I use p2p networking to download music) Generally, I am not in favor of DRM. I believe that if you buy some form of digital media, you own it and are free to do almost anything you want with it. And that includes copying it and distributing it, as long as you do not receive compensation for doing so (without an agreement with the original creator). For example, I believe that it's OK to copy a CD and give it to anyone you want, but it's not OK to copy a CD and sell it for profit. (with the exception of record labels who make a deal with the original creator) Similarly, I believe it's OK to make digital copies of songs you bought and give them to people (using p2p networking or other means), but it's not OK to make digital copies of songs and sell them. (with the exception of entities like iTunes who make deals with the record labels who make deals with the original artists) ((another XKCD comic))
I would also like to mention EULA's. I agree with the general idea behind the EULA, that a company that provides an online environment for multiple users should not be held legally responsible for inappropriate content or actions of individuals, and that it can regulate that environment by suspending/banning accounts that violate the site's terms of acceptable behavior. But I think that the EULA is the wrong way to go. No one actually reads the EULA, and it isn't (or shouldn't) be legally binding anyway. Companies routinely throw in extra rules and restrictions into EULA's that most people don't know about, especially in regards to 3rd party software and spyware. I think a better idea would be to make a general rule for social networking sites, MMORPG's, etc. that the two valid ideas I mentioned behind the original EULA are universally valid on the internet, and then get rid of the EULA altogether.
I think everyone on the planet has a say in deciding how areas like these will ultimately be sorted out. People will always make their voices heard. In the case of DRM, people will speak either by boycotting DRM'd products or accepting the restrictions and buying them. It will be much the same in other grey areas. Companies will always try to control (i.e. profit from) as much as they can, and it's up to the consumers as to how much control they are willing to cede. It is this balance between freedom and safety that will eventually determine the shape and style of the internet in years to come. Right now, I think we are tilted a lot towards the "free" side. But a factor to consider is that internet is fast becoming less and less anonymous. As technology improves it allows more and more of our "true selves" to come online. And I think we will naturally shift more toward "safety" when we do.
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4 comments:
I think the scale of distributing things is the key. If I bought an MP3 and I want to share it with my friends, I think that's fine. If I put it out there for thousands of people I don't know, I think that's violating the artist's property rights. My company has a huge issue with our material being pirated. We lose a lot of business with some of our programs in particular because the video lectures can be found in a number of places online.
We have a money back guarantee with a number of our courses - basically, if a student completes the course and doesn't achieve a better score, they can get a full refund. I denied one student a refund because he didn't complete all of material. He tried to argue that he used our program which he downloaded from some pirating website instead of his online course, so he did in fact complete it all. 1. why would you use the illegally downloaded program when you paid for the real thing? 2. Why would you use "I downloaded the program illegally online" in your argument for why you deserve a refund? I politely reminded him that downloading programs illegally online puts himself at risk for criminal prosecution and he didn't bother me anymore.
Why is it OK to do 10 times, but not 100 times? If I share a song with 10 of my friends, and each friend shares it with 10 other friends, etc... it's going to be distributed just as widely as if I shared it with 100 people myself.
Of course a company won't like it when people freely distribute material that they would otherwise have to pay the company for. But that doesn't mean it should be illegal, at least not to my mind.
That student sounds like a moron.
Scale definitely matters in our legal system. When someone is found with 2 joints, it's considered possession and that person gets a fine, maybe small jailtime. If they have a bag of pot, it's intent to sell and they get a considerable fine and serve a longer sentence.
Try and take it offline and consider the situation. It's the difference between me loaning you a dvd and me standing outside of Target handing out free copies of the movie.
A single joint or a multi-million dollar drug deal - both are considered crimes by the legal system. The difference is in the punishment for the offenses. Scale matters in terms of scale of punishment, but in terms of the act being a crime or not.
With intellectual property the distinction is different, that something legal (I think?) on a small scale becomes illegal on a large scale.
In my mind, if it's legal to do once, it's legal to do a million times. (And if it's illegal to do once, then I think that's stupid and I'm going to break the law.)
I have zero problems with you standing in front of target and handing out free movies. If you were charging $2 a copy, then I would have a problem.
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