The arrest of Hans Fredrik Lennart Neij, a co-founder of the Pirate Bay, last year returned the question of filesharing as a cybercrime to the spotlight. Despite difficulties associated with establishing its prevalence, and its economic impacts, there is evidence that filesharing is widespread (British Phonographic Industry research from 2010 suggests that 29 per cent of UK consumers engage in music filesharing), and costly to the involved industries. For example, it has been estimated that the UK music industry loses £180m annually, and the film and TV industry £152m, as a result. At the global level, it has been estimated that the economic losses associated with the filesharing of software, music and films range between $30bn and $75bn, and that this will increase to $240bn by 2015.
A variety of legal, regulatory and educational strategies have been implemented, which aim to change consumer attitudes and reduce levels of engagement. The focus of these awareness messages has been on communicating the economic impacts, and the legal and ethical status of filesharing. However, it is difficult to measure and evaluate how effective they have been.
A question related to this issue focuses on how ordinary people view filesharing, and whether those who engage in the behaviour see themselves as cybercriminals. Downloading a file is an infringement of the rights holder’s copyright, and means that the holder could bring a civil liability case against the individual. It is treated as a cybercrime in academic literature and government discourse, yet it is not a criminal offence unless the individual is involved in large-scale distribution of infringing material for financial gain.
Empirical research has attempted to identify barriers to reducing levels of filesharing, and in particular consumer attitudes and beliefs. However, the majority of this research does not actively talk to consumers about their opinions and experiences. There have been a small number of qualitative studies taking this approach which suggest that many perceive filesharing to be a relatively normalised and everyday behaviour. It also appears that “raising awareness” of the unethical nature of filesharing is not an issue: many are aware that filesharing is perceived as unethical consumer behaviour by policy makers and the involved industries, but do not view such claims as justified.
It is interesting that many have developed clear justifications for rationalising their behaviour. These focus on challenging the claimed ethical status of the behaviour and its economic impacts, as well as industry profits and changing patterns of consumption associated with the internet.
A central issue that is often overlooked in debates about filesharing is consumer trust in rights holders and policy makers themselves. This relates to the validity of claims about prevalence and economic impacts, as well as industry profits and lack of transparency in the calculation of lost revenue. There are arguments that challenge the costs claimed by the entertainment industry, and the assumptions on which those are based. For instance, the “lost sale” argument assumes that every film or music track downloaded would have been purchased legitimately. However, there is evidence that many consumers who download would not buy the legitimate version, were that their only option.
These arguments are used by those who engage in filesharing to justify their behaviour, and defer responsibility to the industry and government. This suggests the need to consider mechanisms for increasing transparency and building consumer trust as part of filesharing reduction strategies. While consumer attitudes and justifications may not be acceptable or defensible to the involved industries or policy makers, they are, nevertheless, beliefs which shape consumer behaviour. Effective strategies for challenging them must suffi- ciently engage with consumer concerns and justifications, and address the lack of consumer trust which represents a significant barrier to the effectiveness of any strategy for addressing the issue.
Dr Jo Bryce is the director of the Cyberspace Research Unit at the School of Psychology at the University of Central Lancashire
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