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comment by ghostoffuffle
ghostoffuffle  ·  3664 days ago  ·  link  ·    ·  parent  ·  post: Can we cogently refute "stealing is stealing"?  ·  

So just to be clear, are you denying the "anti-piracy" side their argument on grounds of moral simplicity? Of course there are shades of nuance, as many people here have already established. BFV and wasoxygen both have valid points within their discussion, as does thenewgreen when he mentions that stealing for need inhabits a different space on the moral spectrum as stealing something from desire.

In light of all that, it looks like you've oversimplified the argument a few shades. I've seen very few people other than, I dunno, ad men for "The 20" portion of my movie theater experience ever argue that "stealing is stealing, period." I've seen plenty more people supply the below arguments, pro and con. Don't dismiss one side of the argument based on (don't say it don't say it I'm gonna say it) strawman.

You know what else I've seen? The effects from the supply side. This isn't something I talk about often here for various reasons, but for the sake of my stance I think it's useful to clarify: I was once a relatively successful supplier of the kind of IP you're talking about. You know why I'm not anymore? Because more people, by orders of magnitude, decided that they valued my IP enough to copy, share, experience and talk about it, than people did enough to attach a dollar value to that IP the same way they would, say, a sandwich (and at much the same price, I should point out).

I remember being initially flattered by the numbers I was seeing vis a vis filesharing of my IP. Hey, this is great exposure! People like this stuff! This is awesome! That feeling deflated over time as I realized that:

a) A lot of the support I saw at shows was at least as much due to extensive label-side promotion, savvy product placement, licensing exposure, and good ol' fashioned elbow grease from me and mine than from support garnered from the fleeting online hype cycle. We worked our asses off, on the road, for the better part of the year, for several years in order to see the returns we did. Filesharing? It's great for immediate exposure, but it also facilitates a culture of consumers with very low attention span and an insatiable appetite for new stuff faster than you can possibly supply it.

b) Roughly ten times as many people just downloaded our shit over the period of five years than bought it. Resulting in

c) Our label not being able to afford more publicity support due to always having to dig themselves out of the red. Less publicity and general support from label = less exposure = less money for us.

Now, min_wage brought up the tour support thing below (by the way, I have quite a lot of respect for _wage's argument sheerly by virtue of owning it- steal for want, steal for need, but if you're going to do it, tie it to larger philosophy rather than some small-minded moral equivocation). In response: said live purchases are enough to support touring costs- transportation, upkeep, room & board, merch reorders, equipment repair, theft mitigation, management percentage, booking percentage... list goes on. Whatever net profit was left over, that was split anywhere between five and seven smelly, hungry performers. It was often enough to get us through a few months with some pocket change left when we got home... but not always. Money made on the road supports the road.

Interesting tangent: you know where we got the most money? Huge corporate interests that wanted to use our stuff to add "hip" cred to their product. The Man everybody loves to rail against? He was the only one willing to assign value to and then compensate that value for our work.

Wasn't enough, though. Now, if those that had downloaded our IP for free had instead paid for it- and it was pretty cheap, all things considered- I can say with confidence that I'd still be working at it.

I stopped doing what I was doing on the scale that I was doing it because I was broke and tired and finally had to find something that would support my family. So quit and stop whining about it. I did. I bring it up not to cry in my beer, but to highlight a simple point: the less you're willing to pay for the product you choose to consume, the less the producer of said product gets. The less that producer gets, the less incentive there is to supply product.

So if you value the IP you're consuming, it might be worth doing a little more empathizing and a little less justifying. Or else, jesus, have the stones to own up to what you're doing rather than trying to snake your way out of culpability. Is stealing sometimes morally justified? Yeah, fine, but you'd be hard pressed to apply those circumstances to this arena. Sure, you're not stealing a physical thing, you're making a copy. But each free unauthorized copy means less food in the producer's mouth. That's taking something you want at the expense of what she needs. And there will come a time when your very favorite product just doesn't exist, because there's no incentive to produce it.





user-inactivated  ·  3664 days ago  ·  link  ·  

    So just to be clear, are you denying the "anti-piracy" side their argument on grounds of moral simplicity?

No, I'm trying to point out how the above two arguments, which seem to be quite prevalent on the Internet, are too simple and are generally used to shut out debate instead of doing anything useful.

    In light of all that, it looks like you've oversimplified the argument a few shades. I've seen very few people other than, I dunno, ad men for "The 20" portion of my movie theater experience ever argue that "stealing is stealing, period." I've seen plenty more people supply the below arguments, pro and con. Don't dismiss one side of the argument based on (don't say it don't say it I'm gonna say it) strawman.

Oh, I know there are definitely cogent, nuanced arguments against piracy. But it's been my experience that there are way too many Internet commenters who use the two ahem "straw men" I pointed above, and I was wondering whether we could do anything about those people, because as you mentioned, they are hurting the side that argues in favour of intellectual property by not actually letting anyone talk about the issue.

    So quit and stop whining about it.

I don't believe in using arguments like that. They're ad-hominem and altogether too dismissive of the humanity of the other arguers.

    Or else, jesus, have the stones to own up to what you're doing rather than trying to snake your way out of culpability.

However, this is simply a form of "if you say anything to the contrary, you are simply trying to excuse away your own thefts." Your essay would be just as cogent if this line were omitted.

That being said, if there were something I would "own up" to, it would be phrased as such:

I infringe copyrights. Not just by making unauthorized copies of creative works, but also by creating unauthorized derivative works.

ghostoffuffle  ·  3663 days ago  ·  link  ·    ·  

If I sound like I'm saying something along the lines of "if you say anything to the contrary, you are simply trying to exuse away your own thefts," it's because within this particular framework, that's a valid response to the question as posed. In the arena of filesharing, "can we refute stealing is stealing?" In short, no. But here's what you can do: you can re-frame the debate.

    Every argument that the side against copyright has seems to be perpetually bogged down in definitions and assumptions and challenging paradigms

There's a reason for this. Me? It's in my marked interest, as it is for anybody who works within and stands to benefit from the current system, to keep the debate firmly on grounds of morality. Because, barring a change to the system, it's not only an extremely easy argument to make, but it represents the last available appeal to people who would otherwise bypass that system entirely at the expense of a few distant actors. You can get this by means that lie outside of my preferred marketplace, but if you do, you are effecting my bottom line. That's an easy and potentially powerful argument.

You're going to have a hard time refuting it, too. On the other hand, if you as a file-sharer take up the argument on practical grounds, your job becomes easier: "whether or not my actions are moral is moot; available technology allows me to assign lower monetary value to the stuff I want. The onus doesn't fall on me to ignore available tools, it falls on the market to correct for the presence of those tools."

Then again, I can counter (and already have) with the argument others have taken up in other IP arenas. Sure, you can leverage available tools to take my IP, and there's nothing I can do about it. But if there's no money in it for me, I'll stop producing. That's a market correction.

Anyhow, the question about "how to counter the morality argument" seems a bit off the mark, as you're looking to fight a very uneven fight. Which is why you as a consumer are better off reverting to practical arguments, as others have done. But then I'm not sure that road takes you anywhere you necessarily want to go, either.

user-inactivated  ·  3663 days ago  ·  link  ·  

    There's a reason for this. Me? It's in my marked interest, as it is for anybody who works within and stands to benefit from the current system, to keep the debate firmly on grounds of morality. Because, barring a change to the system, it's not only an extremely easy argument to make, but it represents the last available appeal to people who would otherwise bypass that system entirely at the expense of a few distant actors.

That's also a valid answer to the original question - "You really can't". I mean, perhaps it's not the most useful of answers by itself, but with your added explanation about the course of action people like us should be taking, it does still contribute to the discussion.

It means that people like us will just have to keep working at changing that system - to show consumers and creators alike that you can still be compensated for producing content without copyright.

    You're going to have a hard time refuting it, too. On the other hand, if you as a file-sharer take up the argument on practical grounds, your job becomes easier: "whether or not my actions are moral is moot; available technology allows me to assign lower monetary value to the stuff I want. The onus doesn't fall on me to ignore available tools, it falls on the market to correct for the presence of those tools."

One of the reasons I asked about this problem in the first place is because framing the copyright debate in terms of morality is a political move as much as it is a rhetorical one. Somebody who espoused the above argument would be summarily dismissed by copyright proponents as a selfish, amoral sociopath.

On the other hand, as a creator who believes in the culture of sharing and remixing, I'd say that adopting the existing copyright system for small periods of time on some of my own works would be favoring pragmatics over morality on my own part.