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Is Illegally Downloading an E-book After Buying the Hardcover Ethical?

by Amar Toor on April 12, 2010 at 04:40 PM

The launch of the iPad may have opened the door to an entirely new world of media consumption, but it's also opened up a whole new set of questions about how enhanced, e-reader consumer behavior will fit into pre-existing legal frameworks. In his New York Times ethics column, Randy Cohen entertains a particularly compelling question from a reader who asks whether downloading a pirated copy of a book would be ethically sound, if done after having already purchased a hard copy. In response, Cohen acknowledges the illegality of piracy, but goes on to say that in this case, it would not be unethical. As he argues, "Author and publisher are entitled to be paid for their work, and by purchasing the hardcover, you did so. Your subsequent downloading is akin to buying a CD, then copying it to your iPod."

The problem with Cohen's argument is that it rests on an implicit equivalence between e-books and hardcovers. As he says, "buying a book or a piece of music should be regarded as a license to enjoy it on any platform," digital or paper. Cohen's theory, though, doesn't exactly conform to economic reality. Buying a book for an iPad may deliver the same content, but it also entails an experience specific to the platform, and one that the consumer, presumably, is aware of when making a decision. While there's no way to truly quantify this experiential gradient between traditional and digital media, it is implicitly accounted for in the price distribution. Digital, animated and extra content is often included in the iPad purchase. The $9.99 e-reader price, unlike the $20 hardcover, will also include a percentage devoted to Amazon, Apple or any other platform provider. You could subjectively argue that Amazon or Apple don't need the extra cents on the dollar in the same way that publishing houses do. But any sound ethical assessment should at least consider these third party interests. Under Cohen's moral framework, they're left out entirely.

At the end of the day, deploying this argument as a legal defense still wouldn't do much to lessen the fact that you broke the law. Eventually, though, even something as bureaucratically glacial as copyright law will have to catch up with the digital era. Engaging in this kind of public dialogue, then, can only help to bring these legal gray areas into better relief, and ultimately, help shade them black or white. [From: NYT; via: BoingBoing]

Tags: copyright, e-book, e-books, ethical, ethics, ipad, kindle, law, piracy, Publishing, publishing industry, PublishingIndustry, top

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