Responsibility and Music Piracy

Stealing copyrighted songs via the Internet is illegal. Such theft of intellectual property does not just hurt big music companies and big stars – though it certainly would still be wrong if these were the only victims – it affects the many independent artists, entrepreneurs and small businesses who work in and serve the music industry.

On December 31, New York Times columnist Adam Liptak wrote a piece (“In the Heated Fight Over Music Piracy, a Rare Stand for Privacy”) approving of the University of Oregon and the Oregon state attorney general challenging a subpoena from the record industry looking to identify 17 students who made assorted songs available on file-sharing networks. While Liptak declares that “no one should shed tears for people who steal music and have to face the consequences,” he spends the rest of the article applauding the university and attorney general for defending privacy and due process.

But it’s hard to see how rights generally are being violated by the recording industry’s pursuit of copyright violation, while private property rights are being protected. Two points from Liptak’s column are worth noting.

First, Cary Sherman, president of the Recording Industry Association of America, observed: “The litigation program, as controversial as it is often written up to be, has been very successful in transforming public awareness. Everybody used to think this was legal. Now everybody knows it’s illegal.” That’s a good thing for performers, authors, entrepreneurs, businesses, and ultimately, consumers. After all, the more business lost to theft, the fewer the resources and incentives to produce new music.

Second, trying to buttress the university and attorney general, a case with Portland State is highlighted where in response to an industry subpoena, the university turned over the name of an innocent student. But that was the mistake of the college, not the fault of the music industry.

Liptak argues that “an institution of higher education has different aspirations and obligations than an Internet service provider.” That’s, in part, true. But one would hope that universities and ISPs could agree on the need to reinforce respect for the law and to make perfectly clear that stealing is wrong.