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The
Ethics of Peer-to-Peer File Sharing
Valerie L.
Patterson
Development Team
Reviewed 1/08
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Introduction
Peer-to-peer
file-sharing (P2P), the process of making files available to others
to download over the Internet and other networks continues to
be a popular method for securing music even though the media has
recently publicized court cases filed by recording industry organizations.
Evangelista (2005) points to attempts made by the recording and
movie industries to counter and stem the tide of file sharing
“by filing about 10,000 lawsuits against users and initiating
education campaigns,” but even with these initiatives the
online activity remains “alive and well”.
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Key
Concepts and Vocabulary
•
Artist’s Rights
• Intellectual Property
• Illegal File Sharing
• Peer to peer networks and applications
• Ethical dilemmas and value conflicts
• Ethical relativism
• Federal legislation targeting copyright and intellectual
property rights
• The Victimless Crime Argument
• Ethics and decision-making
• Piracy Deterrence and Education Act (PDEA) of 2004
• The Artists’ Rights and Theft Prevention Act of 2004
• The Author, Consumer, and Computer Owner Protection and
Security Act (HR 2752)
• The Digital Millennium Copyright Act
• U.S. Copyright Law
• Recording Industry Association of America
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Background
for for
Teachers
The ethical implications
of peer-to-peer file sharing (P2P) center around the concepts of
intellectual property. The legal implications relate to the issue
of copyright law. Even though the practice of peer-to-peer file
sharing has legal and ethical implications, it continues to be an
everyday practice for many individuals, especially young adults.
A study completed by the Pew Internet Project (Madden and Lenhart,
2003) determined that “young adults continue to dominate downloading.”
The study found that “students are also more likely to be
music down-loaders than non students with fifty-six percent of full-time
students reporting that they download music to their computers.
Delgado (2004) asserts that “an estimated 70 million people
engage in online file sharing” and that much of it is “illegal.”
Some suggest that teenagers and others have “employed every
rationalization in the book to justify getting their favorite music
for free” (Ethics Scoreboard, 2004). Ultimately, it is argued
that illegal downloading and file-sharing will persist because “it
will be hard to convince people that POPing (personal online pirating)
is uncommon when the vast majority of their peers engage in it”
(Hyman and Shanahan, 2006).
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