Piracy and Copyright

August 23, 2011

Most people will be familiar with that annoying, unskippable anti-piracy film that makes inane and impertinent statements (you wouldn’t steal a car, &c) to make its point that piracy of films is stealing. Well, I wouldn’t steal a car, or a handbag, or even a movie, but this has nothing to do with piracy because contrary to the opinion of the Motion Picture Association of America (MPAA), which is the organisation that I believe made the film, piracy is not stealing.

The US Supreme Court, ruling in the case of Dowling v. United States in 1985 said that

…interference with copyright does not easily equate with theft, conversion, or fraud. The infringer of a copyright does not assume physical control over the copyright nor wholly deprive its owner of its use. Infringement implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.

The purpose of copyright law is to ensure that the originators of creative works profit from their labour and thus encourage the creation of such works. Piracy undermines that goal, and is therefore punishable in law. The problem faced by copyright holders in the digital age is that it is almost impossible to prevent people from making easy, cheap copies of their work, which makes copyright law extremely difficult to enforce.
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