Illegal Downloads at Universities
Universities should take stronger action to prevent students from illegally downloading music on the Internet. The issue is a matter of both business sense and ethics. Currently, universities are immune from liability for illegal file sharing on college networks. This immunity clause is part of the 1998 Digital Millennium Copyright Act (DMCA), which generally aims to create an updated version of copyright laws to respond to the unique challenges of regulating digital material. The law is designed to protect both copyright owners and consumers. The RIAA indicates that two-thirds of illegal downloads are by college students. If universities refrain from preventing illegal downloading, it is likely Congress will reconsider the immunity clause in the DMCA. Thus, it is in universities’long-term interests to be more proactive in preventing illegal downloading. Given the prevalence of illegal downloading at universities, it is not surprising that the RIAA is currently targeting universities. Typically, the RIAA sends prelitigation notices to college students, and asks them to settle for about $3,000. If universities are more active in preventing illegal downloading, their students are less vulnerable to action by the RIAA. Moreover, illegal downloading is expensive to universities themselves, not just students who get caught breaking the law. Illegal downloads take up a considerable amount of bandwidth, which costs universities thousands of dollars. Moreover, the downloads often contain viruses and spyware, which can damage the university’s system. In addition to the cost issues, universities must consider their role as educators. Illegal downloading is similar to plagiarism. Universities do not tolerate stealing when it takes the form of stealing scholars’ ideas. Similarly, they should not tolerate stealing music, which affects a range of stakeholders, from musicians, to technicians, to retail workers who sell CDs and DVDs. Some students claim that no reasonable alternatives to illegal downloading exist, but they are wrong. Students can subscribe to services such as the new Napster, iTunes, and Rhapsody Music. Also, they can rely on Ruckus, whose basic service is free— advertisers pay for space, which makes basic subscription costs unnecessary.
1. How would you frame the issue and conclusion of this essay?
2. What ethical norms would cause the author of this essay to take this position? Clue: Look at the ethical norms discussed in Chapter 1.
3. What, in your judgment, is the author’s strongest reason? Weakest? Explain your answer.
4. Write an essay that someone who holds an opinion opposite to that of the essay author might write. Clue: What other ethical norms could influence an opinion on this issue?