Piracy is a term of art. In discussion of intellectual property, it includes unauthorized sharing and unauthorized reproduction. Since there is no actual theft involved, the rationalization is that unauthorized sharing pre-empts sales resulting in loss of potential income to someone. Some argue that the opposite is true -- that people sampling music, video, or literature choose to purchase the materials and related materials.
It's illogical to contend that libraries increase sales while torrents pre-empt sales.
I believe lending amongst friends is generally unauthorized. Is that covered by fair use? Can I share a DVD with a friend legally? What if it is a backup? Or a digital copy? Can I share it off my PC if I limit access to the shared area? If so, what restrictions must be applied? If you pick up my kindle and read a book I purchased is that OK? What if my college kid watches Netflix with his friends using my account? What if he is not in the room? Can I loan an iPad full of copyrighted materials to a friend?
It's messy and most people are guilty of breaking these laws in some manner on a regular basis.
I'm not opposed to lending of materials at all. I'm simply opposed to separate standards. Going back to the original post, I think the solution is obvious: an ebook can only be borrowed by one person at a time. Just like a physical book.
For the rest of us, I think sharing something is OK as long as you are not profiting from another's work. If you do not want others to freely peer into the garden that you planted, watered, and nurtured, put a fence around it and charge admittance. Or give something extra to paying customers.
PS it's completely naive to suggest that libraries protect IP. The only difference between a public library and a torrent web site is that libraries protect their 'pirates' privacy better than internet service providers.
|