I could discuss the large scale effects of piracy (copyright infringement) for days! From a game-theoretical/utilitarian -, ethical - or any other perspective. I have a set of views and suggestions for topics that could be interesting to break down and address, but instead of writing a long post addressing many different topics, Ill start with the first one in my mind.
Just a thought:
For a subset of activities you could map the question of the ethical status of illegal downloading of a software p (preferred choice) to the existence of a certain kind of element a in a set S, which I'll call the set of alternatives (assuming the risk of getting caught is very small).
Lets say that you for some reason need a graphics editor and your preferred choice is Photoshop CS5. You could either:
- Buy it (650$ on Amazon).
- Download it (free)
In the case you have chosen to illegally download a copy of the software, some people would compare that to stealing (certainly the folks at Adobe). Would that really be fair to say? At least in my opinion that depends on whether or not you would have bought a copy in the absence of the 'download' alternative. Your preferred choice is indeed Photoshop CS5, but that is one among many choices, the rest being in the set of alternatives S. Most users with illegal copies wouldn't pay the 650$ when there are free alternatives. Those alternatives may be much less attractive with less features but many of them would still do the job.
So if there exist an a in S, such that you would prefer a over p in the absence of alternative 2, then in a game between you and Adobe, the choice a would not be Pareto optimal. Your utility is maximized by choosing p (downloading Photoshop), Adobes utility left unchanged. --> Maximizing total utility (ignoring potential side-effects, such as effects overall attitude towards piracy and so on)
Today there exists an S for almost anything.
Whats your opinion on this in regards to utility maximization (utility of society). Can we really break it down like this looking at the individual case?
Adobe thinks this is stealing because Adobe doesn't think that its marginal cost of producing another copy of the software is low. Sure, the out-of-pocket cost for copying some bits and bytes is low, but Adobe wants to include some amount for the cost of writing the software in its accounting of the cost of providing another copy.
And Adobe is right (and rational) to want to do this. If you can't figure out how to amortize the costs of the creating the product in the first place into the marginal price of another copy, you literally will never think that large upfront costs are a good idea. In other words, we aren't deciding whether the legal regime allows non-payers to get Adobe after the payers get it. We are deciding whether to have a legal regime that creates incentives for the existence of Adobe at all. And that ignores the signalling costs Adobe has in figuring out when it has sold "all" the copies it can.
Obviously, there is an empirical question about how much protection provides the appropriate incentive for the creation of new stuff. But I think there is a far amount of evidence that zero protection does not create enough incentive.
/s/marginal/average here. Like most firms facing fixed costs (including e.g. retail businesses), Adobe needs to defray these by charging a markup over marginal cost.
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