Fairness in digital sharing legal professional attitudes toward digital piracy and digital commons
通过对50位哈佛律师的深度访谈,发现法律专业人士对数字盗版持宽容态度,认为非商业性共享是公平的,暗示现有法律过时且与伦理脱节,数字公地范式可能兴起。
Abstract Contrary to a popular belief of lawyers having the most strict perception of law, law professionals actually strongly skew toward more favorable views of digital sharing. According to our qualitative study, relying on in‐depth interviews with 50 Harvard lawyers, digital piracy is quite acceptable. It is considered fair, especially among friends and for noncommercial purposes. We argue that this not only can indicate that the existing law is becoming outdated because of its inability to be enforced, but also that ethically it is not corresponding to what is considered fair, good service, or being societally beneficial. The common perception of relying on a fixed price for digital content is eroding. We show that on the verges of business, society, and law, there is a potential for the new paradigm of digital commons to emerge.