Skip to main content

Illegal file sharing isn’t ‘stealing’: Here’s why

piracy-stealing-file-sharing
Image used with permission by copyright holder

Since the invention of Napster in 1999, and the online file-sharing boom that followed, the entertainment industry has spent countless millions attempting to convince the public that illegally downloading music or videos from the Internet is tantamount to sticking a gun in a person’s face and demanding his wallet. “Content theft,” they say, is just as bad as any other type of “stealing.” But according to Stuart P. Green, a Rutgers Law School professor and expert on theft law, copyright infringement isn’t really “stealing” at all.

The crux of Green’s argument — which mimics that of many who have discussed this issue with any amount of critical thinking in the past — is that, in order to actually “steal” something, you must deprive the owner of whatever that thing is. If you take my bicycle, then you have it, and I don’t. But if you download a song off The Pirate Bay, you’ve simply made a copy — now there are two bicycles. (Or thousands or millions.)

“If Cyber Bob illegally downloads Digital Joe’s song from the Internet, it’s crucial to recognize that, in most cases, Joe hasn’t lost anything,” writes Green in an op-ed for The New York Times. “Yes, one might try to argue that people who use intellectual property without paying for it steal the money they would have owed had they bought it lawfully. But there are two basic problems with this contention. First, we ordinarily can’t know whether the downloader would have paid the purchase price had he not misappropriated the property. Second, the argument assumes the conclusion that is being argued for — that it is theft.”

Indeed. According to the Center for Copyright Information (CCI) — a propagandist entity set up by the Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) to oversee the upcoming “six strikes” anti-piracy system — file sharing costs the U.S. economy $58 billion annually, and has led to the elimination of 373,000 American jobs. It is industry-spouted figures like this that led Congress to consider the dangerously vague Stop Online Piracy Act (SOPA) and PROTECT IP Act (PIPA). And it seems unfathomable that the entertainment industry will change their tune anytime soon, despite the fact that equating file sharing with “stealing” or “theft” just doesn’t resonate with the public at large. 

That’s not to say that copyright infringement is morally justifiable. (Though some argue that it is.) As Green notes, it would be more appropriate to use “concepts like unauthorized use, trespass, conversion, and misappropriation” to condemn file sharing than “stealing” and “theft.” I’m not entirely convinced of that, either, since I doubt these terms mean anything at all to most people, even if they are more accurate, ethically speaking.

Regardless, I highly recommend checking out Green’s op-ed; it’s well worth the read. Besides, if you simply read this article, and not that one, then I will have effectively stolen a page view from The New York Times — or something like that…

[Image via Kinetic Imagery/Shutterstock]

Editors' Recommendations

Andrew Couts
Former Digital Trends Contributor
Features Editor for Digital Trends, Andrew Couts covers a wide swath of consumer technology topics, with particular focus on…
10 best stop-motion animated movies of all time, ranked
Coraline crawls through a dark tunnel.

Stop-motion animation is one of the most creative and beloved subgenres -- and it only seems to get better with time. The greatest movies in this category showcase the hard work and artistry of the inventive minds behind these stories, which often take a long time to commit to film. Each frame is a painstakingly crafted work of art, all aimed at creating immersive worlds full of unforgettable narratives and characters.

From obscure modern classics like The Wolf House to genre-defining masterpieces like The Nightmare Before Christmas, the best stop-motion animated movies highlight the full potential of the medium to deliver complex stories alongside gorgeous and distinct visuals. The craftmanship on display in these films is a testament to the power of animation and those who boldly push the genre's boundaries to create enchanting realities.
10. James and the Giant Peach (1996)

Read more
The 50 best anime on Hulu right now
Gintama anime key art featuring Gintoki leading the supporting cast of the series.

Even when it's not the primary destination, Hulu is still easily among the best mainstream platforms to stream some of the best anime available. It's an especially great supplement for audiences already fans of the streamer's live-action originals, boasting impressive diversity in its anime offerings across film, TV, and various genres.

For customers who aren't subscribed, the Disney Bundle is more than worth consideration to back up Hulu's anime library. This package deal gives viewers countless hours of content through Disney+, ESPN+, and the base ad-supported Hulu plan. Fans will have access to all the Star Wars, Marvel Studios, National Geographic, and sports content they could hope for on top of Hulu's anime catalog.

Read more
Nuggets vs Mavericks live stream: Can you watch for free?
Nikola Jokic squares up a free throw on the court.

Luka Dončić and the Dallas Mavericks take on Nikola Jokić and the Denver Nuggets today. Playoff seeding implications aside, it's always a must-watch event whenever two of the greatest international players of all-time do battle.

This one is set to start in about one hour, at 3:30 p.m. ET, and will be televised on ABC in the United States. If you don't have cable or you're looking to finally cut the cable cord, there are a bunch of different ways you can watch a live stream of the game online.
The Best Way to Watch the Nuggets vs Mavericks Live Stream

Read more