Over the last couple of months we’ve been talking about digital entertainment media (music, movies, and television). The ability of the consumer to acquire, manipulate, and redistribute this media has drastically changed. Why? The increasing availability and decreasing price of broadband internet connections. Faster, more powerful computers. The development of more powerful tools for the compression/decompression of digital media files (referred to in the media vernacular as “codecs”). The decreasing price of massive hard drive storage space, especially in portable devices. The increasing popularity and capabilities of personal digital video recorders, like TiVo or Windows Media Center PCs. However, all of these amazing technological advances underlie what I think is a fairly drastic change in the human element of the equation.

This may be hard to believe, but computers and other electronic devices are actually controlled by human beings. Your experience may vary based upon your choice of computing platform, especially if you’re enjoying the “value added features” (viruses, worms, spyware, adware, endless “wizards”, and runaway pop-up windows) of Microsoft Windows. But, I digress. Or, do I? More on that later.

To borrow from another analogy, “computers don’t illegally download music – people do”. In our society these days it seems the line between what’s legal and illegal, what’s right and wrong, what’s normal and abnormal, is as blurred as it possibly can be. I am not here to sermonize, but here are some things I think you should think about before you push the “Download” or “Copy” buttons.

Let’s talk some legalities first. As you know from following these articles, you are entitled to reproduce digital media YOU OWN under “fair use” laws supported by Supreme Court decisions. Ah, but what is the definition of “ownership”, when it applies to a CD or DVD you buy, or a song you purchase from an online music store? When you purchase media containing copyrighted work like a music CD or movie DVD, you do not own the underlying work, only the right to use the media containing the work.

Suppose you buy a CD from the local music store. Legally, you can make MP3 (or whatever other codec you choose) copies of the songs to store on your computer or iPod. You can make cassette or CD copies to use while driving in your car, or a personal music player. You cannot, legally, make copies for your friends, make copies to sell at the local gas station mini market, or make copies to “share” with others via the internet.
Suppose you purchase a movie on DVD. Although it takes a long time, and if you have the right software, you could reproduce that DVD, even convert it to a Video CD, for your personal use. Again, you can’t legally make copies for your friends, open your own video store, or share the compressed video via the internet.

Ah, but what if you RENT the DVD? As you figured, it is not legal to make a copy of a rented DVD, even for your personal use. That should be a big “Duh”, except if the very human trait of “rationalization” creeps into your values and conduct.

Let’s say that the music CD you purchased, after a year or so of use, becomes scratched and unplayable. You note that using Kazaa or some other peer-to-peer file “sharing” software, you can find the songs on your scratched CD “for free”. You think, “Hey, I did buy this CD once. It’s certainly OK to “replace” the damaged music. Is it?

Think about it till next week, when we’ll take a rational look at more rationalizations.

© 2004 Peter F. Zimowski