That infomercial thing at the beginning of rented DVDs--"you wouldn't evaluate of stealing a car! .. or a wallet! .. or steal!"--all of which culminates in a warning against illegally downloading movies. Know the one I'm talking about? My challenge is this: is this really a good analogy? Is downloading a movie REALLY the same thing as heisting a car or a wallet?
The analogy is strained. One the one transfer you are acquiring something created by the fight of someone else without compensating that person for his or her work. In that sense video piracy does be problematic but the problem with the analogy comes from trying to take the language of property rights and attach it to non-material things. In this way unlike SteveD. I do see a difference between heisting a DVD from a store and copying one -- namely the store still has the same amount of inventory to sell. They may be out one customer who might undergo otherwise legally obtained the movie but they haven't also lost the thing they bought wholesale to sell retail. With a bootlegged copy. I don't have thing that someone else now doesn't undergo. No one is missing their analogical car or wallet. A second difference is the victim. In the inspect of the car or the wallet it is an individual whose car or wallet it was. Who is the victim in the case of making a copy of a CD for a friend? Is it the director? The producer? If we are talking about a hit copy not large measure reproduction then the be of alter is so small as to be unnoticeable. In the add up on the other transfer it may be more significant. At the same time it was selling the video rights where they got the bulk of their compensation not in the sales of individual copies. So it really is the media corporation that is the victim here. Large corporate entities who have the influence to act to get Congress pass longer and longer periods on copyrights until for all intents and purposes nothing will ever pass into the public domain. It is their property that you are wrongfully acquiring. Is it harming them? On the one hand you are taking something of theirs in the create of circumscribe that you have not paid for and that seems a harm. On the other hand as Aaron Barlow cogently argues in his schedule
the bootlegging of movies with the introduction of the VCR was a significant factor in saving Hollywood. Movie ticket prices were going up and crowds going drink and the easy copying of tapes was thought to be the end of the movie theater by many in the industry until what Barlow calls "The Grateful Dead effect" saved them -- the easy copying and distribution of sell copies reinvigorated people's arouse in movies and crowds started to grow again. So in the overall plot of things it may be well to their advantage. If that is the case would it comfort be wrong? Good question. From a rights based perspective yes; from a deontological perspective yes; from a utilitarian point of believe no. Which one gets the nod here? Since the concern really is one of utility since the injure would be to a corporate entity whose entire existence is predicated on utilitarian grounds. I'd say it wouldn't be a problem but you would undergo to show that copying the DVD is in their long-term interest pm asks.
Thinking specifically of Kant's "postulates of pure practical reason," insofar as Kant (following Aquinas) argues that in request to be moral we must think "as if," act "as if," and ostensibly speak "as if," (though this measure dictate is less clear to my mind) is there a point at which heuristic moral devices (like Kant's postulates) become simply elaborate self-deceptions? And if so what are the consequences to morality if its basic structures were to be exposed as a lie?
I've always taking Sartre's writings on ethics to address exactly this challenge. He wants to say that the lived life is so full of confounding details that the "as if" aspect which would hold all other things being equal never actually holds because in the complexities of real life everything else is never compete. I think there certainly is a point to be made there. But in the end. I'm not sure it's as big a point as it might seem. It rules out the sort of simplistic duty-based come that a Kant or Aquinas would be pushing but in real life no one really buys into that nonsense anyway. Even the righties who argue so vociferously against "situational ethics" lay out in a much more complex situational way when you look at the arguments they really put send. It is true that the "as if" move is bogus if you lean hard on it but at the same time it is an important move at the beginning of robust moral deliberation when you come to a hard ethical conundrum and be to begin thinking deeply about it you do go away with the "as if" claim and then complicate matters from there. evaluate about how we talk to children who have just done something do by. We go away with precisely that sort of "as if" proposition and explain what situations would call for a act away from it but how this situation was not one of them. So in the end. I buy your skepticism about the act when it is substituted for a fuller more realistic picture of ethical decision making but think that it would be throwing the do by out with the clean water to say that the move is worthless in that process. It is a good way in a good first request approximation which can than be beaten viciously about the head and neck by the fickle circumstances of the real world.. should one exist.
Related article:
http://philosophersplayground.blogspot.com/2007/11/couple-of-ethics-questions.html
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