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CNET and others report about a charming new steal-don't-buy browser extension that reminds Amazon.com shoppers that much of Amazon's legal content can be downloaded illegally "4 Free" from The Pirate Bay. If correct, such reports expose the truly self-destructive venality of Internet piracy. They also expose the vacuity of an argument favored by defenders of piracy--the claim that content creators (and law-abiding distributors) can or should "compete against free." Usually, persons spouting this claim cite the case of "bottled water" as a real-life example. For two reasons, this example refutes their vapid claim.
First, this claim understates the achievement of commercial creators of bottled water and content. They compete not only against "free"--but against competitors whose goods seem free because their production costs and risks are subsidized by non-market sources like taxation. Creators of works like movies, music, and books, like creators of bottled water, have long competed successfully against "free" tax-subsidized alternatives (like tap water). In other words, private companies produced bottled water because they concluded that if they incurred the costs and took the risks needed to create high-quality water, taxpayers who have already paid for the "free" water produced by the County Water Board would pay again to purchase higher quality water from a private source.
Second, commercial producers of content and bottled water who incur the costs and risks that let them create products that consumers favor can compete against lower-quality "free" products--but they cannot compete against a "free" version of their own product. To suggest otherwise is absurd. By incurring costs and risks, a commercial producer of bottled water can compete against the County Water Board on the basis of quality--but not if the we let County Water Board unilaterally decide to "redistribute the wealth" by stealing the private company's best-quality water and pumping it "for free" through the water mains.
Tracker sites like The Pirate Bay and infringing users of programs like uTorrent are engaged in conduct just as selfish, destructive, wrong, and unsustainable as that of this hypothetical County Water Board. No amount of rationalization can dispel that simple, brutal fact.
Finally, I find the blog Torrentfreak's response to this new steal-don't-buy extension very telling. Ordinarily, Torrentfreak celebrates almost all piracy. But not this time. Instead, Torrentfreak's reaction could be paraphrased as, "oh no, if piracy is too quick to harm legitimate distributors and intermediaries--instead of just artists and their funders--then someone might actually do something about it!"
Sadly, there is probably some truth in that. Fortunately, I suspect that most legitimate distributors and intermediaries are already farther down the learning curve than the Internet nihilists suspect.
posted by Thomas Sydnor @ 12:30 PM | Access: Commons, Fair Use, Orphan Works, Public Domain, Economics, Game Theory & Public Choice, Enforcement & Remedies, Free Culture Movement, Internet: P2P, Search Engines...
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